The MSAT Lawyers Team For The Sexual Abuse Of Jombang Santriwati Asks For An Open Session, This Is What The Head Of East Java Said

Head of the East Java High Prosecutor's Office (Kajati), Mia Amiati

SURABAYA - Head of the East Java High Prosecutor's Office, Mia Amiati, directly chaired the inaugural trial of the molestation case of defendant Moch Subkhi Azal Tsani (MSAT). According to her, the team of lawyers for the children of the Jombang Kiai asked for an open and offline trial (face to face).

"There is a request for an open and offline trial from the defendant's legal counsel. And it must be submitted in writing according to the rules of the panel of judges. What we arrested earlier was the reason for not being able to coordinate with the defendant. From us there was no such request", said Mia, after the trial in Surabaya District Court, Monday, July 18.

When asked about the trial, Mia said that the agenda for the first trial was to read the indictment. According to her, the Public Prosecutor (JPU) is to carry out the demands according to the law.

"Earlier, the agenda was only reading the indictment. So there was no arrogance from the institution or anything, just wanting to enforce the law by the provisions of the law", she said.

According to Mia, the panel of judges has decided that the trial will continue on Monday, July 25 next week.

"The exception agenda (objection to the prosecutor's indictment) from the defendant's legal counsel", she said.

Meanwhile, regarding the contents of the indictment, explained that the public prosecutor charged MSAT with multiple articles with alternative charges. "The first is Article 285 of the Criminal Code on rape with a maximum penalty of 12 years. Second, 289 of the Criminal Code on sexual harassment with a maximum threat of 9 years. And the third is Article 294 of the Criminal Code paragraph (2) with a threat of 7 years in conjunction with Article 65 paragraph 1 of the Criminal Code", she said.

Mia explained, that based on the results of the investigation, the prosecutor's office carried out the filing and everything was in the case file.

"So later we will respect all the provisions that the panel of judges in the trial and in the BAP that we convey in the trial examination, does the panel of judges have confidence in the evidence", she said.

According to Mia, there are 4 legal proofs of Indonesian legal evidence. The first is evidence that convinces the judge completely, only from the judge's conviction. Second, the judge's belief is with rational reasons.

"Third is the application of positive law, meaning that there is sufficient evidence by the provisions and there it can be proven that the person concerned is guilty and must be held accountable for his actions. And the fourth is negative evidence, that there are at least 2 pieces of evidence that are sufficient and the judge must have faith", she said.

Meanwhile, regarding the witnesses who will be presented, Mia said she will see developments later. "This is just the stage of the indictment, every time there is a development, we will definitely release it", she said.