Lawyer For Santriwati Rape Victim Herry Wirawan Asks PPPA Minister To Respect Restitution Fee Decision

Herry Wirawan's trial/DOK ANTARA

BANDUNG - The attorney for the students who were victims of rape, Yudi Kurnia, asked the Ministry of Women's Empowerment and Child Protection (KPPPA) to respect the decision of the panel of judges who charged restitution fees for rape victims Herry Wirawan to KPPPA.

He assessed that the decision of the Bandung District Court (PN) was a binding decision and could not be disputed by KPPPA. Because according to him the ministry has also been sworn in to implement the law.

"In my opinion, it is the responsibility of the state to be present, this is already the responsibility of the Child Protection Act, especially when there is a court decision," said Yudi in Bandung, West Java, quoted by Antara, Wednesday, February 16.

Previously, the Bandung District Court Panel of Judges in addition to sentenced Herry Wirawan to life in prison for his act of raping 13 female students, and also decided that the restitution fee of IDR 331 million for victim Herry should be charged to KPPPA.

The imposition of a restitution fee of IDR 331 million is one of the demands of the prosecutor to Herry Wirawan. However, because he was sentenced to life imprisonment, the restitution fee could not be charged to Herry based on Article 67 of the Criminal Code.

Even so, Yudi considered that KPPPA was reasonable if he objected because the budget for the restitution fee was not available in the 2022 budget year. However, he asked that this could be accommodated in the amended budget or 2023 budget.

"If you refuse at this time it's natural, but if you reject the judge's decision, it's not true," said Yudi.

Meanwhile, PPPA Minister, Bintang Puspayoga, emphasized that the judge's decision to determine the restitution had no legal basis. In this case, according to him, the PPPA Ministry cannot be the third party to bear the restitution.

Referring to Article 1 of Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, according to him what is meant by restitution is compensation given to victims or their families by perpetrators or third parties. So he considered that restitution was not borne by the state.

"The determination of restitution is still waiting for an inkracht decision and currently the PPPA Ministry will discuss it with LPSK," said Bintang in his statement.

The panel of judges sentenced Herry Wirawan to life in prison. The judge considered that there was nothing that eased Herry Wirawan's sentence.

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