ICJR: Herry Wirawan's Death Sentence For Rape Of 13 Santri Is Just A Gimmick Due To The State's Failure To Protect Victims

Herry Wirawan/Antara Sidang trial

JAKARTA - The Institute for Criminal Justice Reform (ICJR) assesses that the death sentence handed down by the Bandung High Court against Herry Wirawan, the rapists of 13 students, is just a gimmick because the state failed to protect the victims.

ICJR researcher Genoveva Alicia even called this decision a bad precedent for the process of seeking justice for victims of sexual violence. This is because the punishment will actually shift the state's focus on things that are not more important than the victims.

"Because the state's focus is on retaliation for the perpetrators instead of the victims, who should be assisted in their recovery," said Genoveva in a written statement to reporters quoted on Tuesday, April 5.

Genoveva then quoted the United Nation High Commissioner for Human Rights, Michelle Bachelet, who stated that the death penalty for perpetrators of sexual violence or rapists was not a solution.

"Despite being held accountable, the death penalty and torture are not the solution. There is no scientific evidence that the death penalty can cause a deterrent effect, including in cases of rape," he said.

This has led Genoveva to say that the imposition of the death penalty on Herry Wirawan was a gimmick after the state failed to attend to the victims.

"The state failed to attend and protect the victim, as it should have done. As a consequence of this, the state then tried to prove itself to be seen as siding with the victim, by imposing draconian penalties such as the death penalty," he stressed.

ICJR understands that this case has indeed sparked outrage among the public. However, this should not be a benchmark for making decisions for the panel of judges.

"Our main focus should be on the victims, and not on the perpetrators, and this should be the attention of law enforcement officials and judges in cases of sexual violence," said Genoveva.

"The courts, which currently have guidelines for adjudicating women's cases, must also start to think progressively by considering the needs of the victims and not just get caught up in personal anger that will not help the victim at all," he added.

As previously reported, the Bandung High Court (PT) Panel of Judges granted the death penalty for the perpetrators of the rape of 13 female students, Herry Wirawan.

The Chief Justice of PT Bandung Herri Swantoro granted the sentence after the West Java High Prosecutor's Office appealed the decision of the Bandung District Court, which sentenced Herry to life imprisonment.

"Received an appeal from the public prosecutor. Sentencing the defendant therefore with the death penalty," said Herri Swantoro in Bandung, West Java.

In that decision, the judge corrected a number of Bandung District Court decisions. Herry Wirawan was also decided by the judge to remain in custody.

The sentence is in accordance with Article 21 of the Criminal Procedure Code, which is Article 27 of the Criminal Procedure Code, which is Article 153 paragraph (3) of the Criminal Procedure Code, which is paragraph (4) of the Criminal Procedure Code, which is Article 193 of the Criminal Procedure Code, which is Article 222 paragraph (1) of the Criminal Procedure Code paragraph (2) of the Criminal Procedure Code, which is Article 241 of the Criminal Procedure Code, which is Article 242 of the Criminal Procedure Code. PP No. 27 of 1983.

Then Article 81 paragraph (1), paragraph (3) in conjunction with Article 76.D 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 and other relevant provisions .

In addition to the death sentence, Herry is also required to pay restitution of more than Rp. 300 million. The verdict annulled the Bandung District Court's decision, which previously freed Herry from the penalty of paying compensation to the victim.