Criminal Expert Values Decision To Serve 3 Children In Rape And Murder Cases In Palembang Is Right

ILLUSTRATION

JAKARTA - The police handed over three of the four perpetrators of the murder and raping a junior high school student to the Child Rehabilitation Social Institution Faced with the Law (PSRABH). Because the 3rd is still minor and is protected by law.

Meanwhile, the main perpetrator, namely IS (16) was detained by the police under Article 76 C and Article 80 paragraph 3 of Law Number 35 of 2014 concerning child protection with a maximum penalty of 15 years in prison and a fine of IDR 3 billion.

Parahyangan University criminal law expert Agustinus Pohan assessed that the decision was in accordance with the rules. Because the three perpetrators are still under 14.

In the SPPA Law, children who are in conflict with the law, but not even 14 years old can only be subject to action and cannot be detained or punished.

"Because that's the provision if it's not 14 years old, it hasn't been possible. In fact, it's not even 12 years old to be held accountable. Yes, the names are children, children cannot be criminalized," said Pohan when confirmed by VOI, Friday, September 13.

Especially based on research if restrictive or imprisoned actions are not a good place to change the attitude of children who commit crimes. Even based on the United Nations (UN) agreement, detention measures are not good for children.

Therefore, a good step is to change to be better, namely by coaching.

"Are we going to retaliate, retaliate. With the risk, we'll see what happens. Do we want to nurture. We want children to commit crimes, or want to do their best for children," he said.

Regarding many people and the victim's parents who felt they did not accept that the three perpetrators of rape and murder were not detained, Pohan considered it a normal thing.

However, he emphasized that the law does not underlie individual anger. Because the rule is made with some of the best considerations for children who are in conflict with the law.

"Is the law facilitating people's prestige, right? The law has been thought of carefully in an unemotional situation to regulate what is best. Around the world it is almost the same," he concluded

Caption: Doc. ANTARA/M Imam Pramana