Prosecutor: The Herry Wirawan Foundation For Raping Dozens Of Santriwati Needs To Be Disbanded Because Of Crime Instruments

Head of the West Java High Prosecutor's Office Asep N Mulyana (right) becomes the public prosecutor in Herry Wirawan's trial. ANTARA/Good Ahmad Rizaldi

BANDUNG - Head of the West Java High Prosecutor's Office, Asep N Mulyana, said that the dissolution of the foundation owned by the defendant Herry Wirawan in the case of raping 13 female students was one of the points in the prosecution because it was an instrument of crime.

Because, he said, the crime probably wouldn't have happened had there not been a pesantren foundation as Herry's instrument. According to him, Herry also uses the instrument systematically.

"The foundation or boarding school is an instrumental delicti, meaning the tool used by the defendant to commit a crime," said Asep at the Bandung District Court, West Java, quoted by Antara, Thursday, January 27.

Apart from being disbanded, according to him, all assets belonging to Herry, including the foundation, are also required to be confiscated as punishment. Later the seized assets are demanded to be auctioned and the proceeds are given to the victim.

"We ask that the foundation, the defendant's assets be confiscated by the state by auction, the proceeds of which are used for the defendant's restitution and school fees and children's lives," he said.

Asep said that the prosecutor's office was still demanding the same sentence for Herry, namely the death penalty even though the pesantren leader asked for a reduced sentence. According to Asep, the death penalty has been regulated by law.

"Death demands are regulated in laws and regulations, meaning that legally when we make a claim it is regulated in a regulatory provision," he said.

In addition to the death penalty, Herry is also required to be sentenced to chemical castration. Then Herry was also demanded to pay a fine of Rp. 500 million and also demanded to pay restitution to the victims of Rp. 331 million.

Herry was charged with guilt in accordance with Article 81 paragraph (1), paragraph (3) and (5) in conjunction with Article 76D of the Republic of Indonesia Law Number 17 of 2016 concerning Amendments to Law Number 23 of 2002 concerning Child Protection in conjunction with Article 65 paragraph (1) of the Criminal Code as the first indictment.