JAKARTA - Member of Commission III of the DPR, Taufik Basari, said that there was no legal basis for determining the suspect of four officers at the Djasamen Saragih Hospital, Pematang Siantar, North Sumatra. Moreover, the four hospital officers were charged with the blasphemy article for washing the woman's body.
"We are all in a pandemic period so that in an emergency it must be understood, there are several shortcomings faced, especially medical personnel who have to take care of women's bodies," said Tobas, Taufik Basari's close friend, to VOI, Wednesday, February 24.
If there is a sanction, according to Tobas, then the sanction must be administrative for a hospital that does not have female medical personnel to take care of women's bodies.
"So this has nothing to do with crime at all," said the NasDem politician.
Moreover, the police have been given guidance regarding the restorative justice approach. Moreover, the National Police Chief Listyo Sigit Prabowo, during the fit and proper test, he emphasized the law enforcement procedures that lead to restorative justice.
In addition, the AGO has issued regulations, for example, the Attorney General's Office Regulation Number 15 of 2020. Then the Supreme Court also issued a circular regarding restorative justice.
"And in all modern law enforcement talks we face all approaches that want to reduce crime by holding meetings between victims and defendants.
"This means that the crime must be placed as an ultimum remedium, an approach as an effort and a final step. For example, if a reporter from a corpse reports, a restorative justice approach can be used, by mediating to provide understanding, understanding that this situation is an emergency, there is nothing to be questioned about. reconciled, "explained Tobas.
"So it is unfortunate if the police do not use a restorative justice approach for which there are guidelines," he continued.
Finally, related to the perspective of law enforcement officials, in terms of carrying out legal processes. In theory, every criminal act that is processed must fulfill the mens rea or evil will.
"So what distinguishes crime from other legal issues is that punishment is to punish a bad person. How can a bad person be seen from whether when he commits an act he contains elements of mens rea, or evil will. He knows that evil is prohibited but he does it.
If this incident does not have a mens rea, these health workers are not criminals, they did not intentionally commit the act to have a basis for wanting to do evil, "explained Tobas.
This Mens rea, said Tobas, what the police should have understood is not to process this criminally. That is, there is no sexual harassment in the case.
"In my opinion, the mistake is not correct," he said.
Therefore, according to him, the police were taken over by the Polda to supervise and order mediation and provide understanding to the family of the corpse.
"Understanding to the public why the action is being taken (bathing the body of a woman)," he said.
The Pematang Siantar District Prosecutor's Office has stopped the alleged blasphemy case committed by 4 health workers at the Djasmen Saragih Regional Hospital.
"Today, Wednesday, February 24, 2021, we will issue a decree, terminate prosecution," said Head of the Pematang Siantar Prosecutor's Office, Agustinus Wijono at a press conference, Wednesday, February 24.
The prosecution conducted a review of the case. The AGO stated that the blasphemy element of religion, namely Article 156A in conjunction with Article 55 of the Law on Blasphemy of Religion, was not fulfilled.
"The mistake of the investigating prosecutor in interpreting the elements so that the elements presented to the defendants were not fulfilled," he said.
"Humiliation in public is also not proven and the actions of the four health workers at that time were only to carry out information during the COVID-19 pandemic," he continued.
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