Case Of Vaccine Injection Blank Medan Elementary School Students, Doctor Gita Sentenced To 3 Months In Prison With Experimental Period

The defendant, doctor Tengku Gita Aisyaritha, was followed by legal counsel at the Medan District Court, North Sumatra, Thursday (27/7/2023). (ANTARA/M Sahbainy Nasution)

The panel of judges at the Medan District Court, North Sumatra sentenced doctor Tengku Gita Aisyaritha to three months in prison with a six-month probationary period in the case of injecting the COVID-19 vaccine at Wahidin Sudirohusodo Private Elementary School Medan.

"The defendant was sentenced to three months in prison, a fine of Rp. 500,000 on the condition that if the fine was not paid, it was replaced with imprisonment for two months," said Chief Judge Immanuel Tarigan as quoted by ANTARA, Thursday, July 27.

He said the defendant did not serve the prison sentence, unless later on if the defendant was proven to have committed a criminal act before the six-month trial period.

"The judge of the panel differed opinion, both the first and second charges were not proven against the defendant, but because the most votes of member judges one and two agreed with the public prosecutor in the first indictment about being proven guilty," said Immanuel.

The first indictment referred to by the panel of judges is Article 14 paragraph (1) of Law Number 4 of 1984, concerning Outbreaks of Infectious Diseases. However, said Immanuel in an effort to develop the application of Article 14 A of the Criminal Code.

From the facts of the trial, the panel of judges stated that the statements of the witnesses included the parents of the two elementary school students (SD) Wahidin Sudirohusodo.

"As for those who recorded the video when the defendant carried out the COVID-19 vaccine, it went viral on social media (medsos), a syringe containing the COVID-19 vaccine which was injected into the arms of two victims (students) in a state of less than 0.5 milliliters as it should be (according to the SOP-ed)," said the panel of judges.

The panel of judges considered that the aggravating thing for the defendant was not to support the government's program in tackling the COVID-19 virus outbreak.

"Meanwhile, the mitigating factors for the defendant were polite in the trial, and had never been convicted," said Immanuel.

After reading the verdict, Legal Advisor (PH) doctor Tengku Gita Aisyaritha and the Public Prosecutor (JPU) from the North Sumatra High Prosecutor's Office thought about the decision.

The verdict of the panel of judges is different from the demands of the North Sumatra Prosecutor's Office which stated that doctor Tengku Gita Aisyaritha was sentenced to four months in prison and a fine of Rp. 500 thousand, subsidiary to two months in prison.