JAKARTA David's attorney, M Syahwan Arey, assessed that the steps taken by Polda Metro Jaya by ensnaring Mario, Shane and AG with Article 355 of the Criminal Code were in accordance with legal facts. For him, the decision is in accordance with the maximum analysis and recitation by the police.
"The steps taken by the Polda Metro Jaya regarding the application of Article 355 are appropriate according to existing legal facts," said Syahwan in a short message, Friday, March 3.
Syahwan also assessed that the Polda Metro Jaya's decision had answered the people's wishes. Because according to him, based on the facts, the 15-year-old woman was considered a trigger.
"For us, investigators are able to answer questions from the Indonesian people about the status of AG children, which initially became children who were in conflict with the law, increased to become children who are in conflict with the law," he said
"Because based on the legal facts that there were all incidents of abuse, it started with AG's son and at the time of the AG incident he was also at the crime scene and did not take precautions," he continued.
For information, Shane Lukas is suspected of having a heavier article, namely, Article 355 paragraph 1 of the Criminal Code in conjunction with 56 of the Criminal Code, subsidiary 354 paragraph 1 of the Criminal Code junto 56 of the Criminal Code, subsidiary 353 paragraph 2 in conjunction with 56 of the Criminal Code, more than subsidiary 351 paragraph 2 and or 76c junto 80 of the child protection law.
Then, the 15-year-old AG (Agnes) was charged with Article 76c in conjunction with Article 80 of the Child Protection Law and/or 355 paragraph 1 in conjunction with 56, subsidiary 354 paragraph 1 in conjunction with 56 of the Criminal Code, more than subsidiary 353 paragraph 2 in conjunction with 56 of the Criminal Code, more than subsidiary 351 paragraph 2 in conjunction with 56 of the Criminal Code.
Meanwhile Mario is suspected of being under Article 355 of the Criminal Code paragraph 1 subsidiary Article 354 paragraph 1 of the Criminal Code, which is more subsidiary to Article 353 paragraph 2 of the Criminal Code, more than subsidiary to Article 352 paragraph 2 of the Criminal Code. Then, Article 76c junto Article 80 of the Child Protection Law.
Article 355 of the Criminal Code reads, (1) Heavy torture carried out with a plan first, is threatened with a maximum imprisonment of twelve years. (2) If the act results in death, the guilty one is threatened with a maximum imprisonment of fifteen years.
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