Commission XIII Of The House Of Representatives Calls The Free Verdict Of Police Officers In The Case Of Child Abuse In Papua Unresolved

Member Of The House Of Representatives From The PDI-P Faction Andreas Hugo Parera/ ANTARA/Rolandus Nampu

Deputy Chairman of Commission XIII of the Indonesian House of Representatives, Andreas Hugo Pareira, said that the acquittal against police officers in the case of child molestation in Keerom Regency, Papua was wrong.

He considered the court not to be serious in enforcing the law against cases of child protection in Indonesia.

"This case reflects that law enforcement officers are still not serious in dealing with sexual crimes against children, even though there is Law Number 35 of 2014 concerning Child Protection and Law No. 12 of 2022 concerning the Crime of Sexual Violence," said Andreas Hugo Pareira, Friday, March 21.

As is known, the Panel of Judges at the Jayapura Class IA District Court some time ago released a member of the police with the initials AFH (20) from the molestation case against a 5-year-old child in Keerom, Papua.

AFH has been charged with obscenity since 2022 and was previously sentenced to 12 years in prison by the Public Prosecutor (JPU) under the Child Protection Law. The incident occurred when AFH visited the victim's house and took advantage of the situation when the victim's brother left them to buy instant noodles at a nearby kiosk.

In the aftermath of the judge's decision, the victim's family and legal counsel expressed objections and planned to file an appeal. Andreas also supports the decision of the victim's family.

"This decision by the family shows that there are allegations of irregularities or irregularities in the judicial process. The legal decision has also hurt justice and is not pro to human rights, which includes children's rights," he said.

According to Andreas, the court needs to consider the status of the defendant as a member of the police who should be the protector of the community. With a free verdict against the perpetrators of sexual violence, he said, the court did not support the protection of children who were included in vulnerable groups.

"When the defendant had tarnished the image of the police institution because of its behavior, the court did not side with the victim through a judicial process full of injustice," said Andreas.

The leadership of the Commission in the DPR in charge of legal affairs and the protection of Human Rights (HAM) also assessed that supervision of the judicial process must be strengthened. According to him, this is necessary to ensure that the decisions taken are based on facts and justice, not because of intervention or other inappropriate factors.

"The judge's decision on this case further creates public distrust of law enforcement officials. Of course, it must be our common concern to be able to oversee this case thoroughly," said the legislator from the NTT I electoral district.

Andreas emphasized the importance of law enforcement that prioritizes protecting the rights of victims, especially those involving children. Given that the Child Protection Law already regulates the threat of severe punishment for perpetrators of sexual violence against children to provide a deterrent effect as well as a form of protection for children.

Moreover, he said, the threat of severe punishment for perpetrators of sexual violence has also been regulated in the TPKS Law. "We also hope that Komnas HAM will be involved in guarding this case in order to ensure that the rights of victims are truly accommodated," Andreas appealed.

Andreas also reminded that Indonesia has many legal products that guarantee children's rights, including Law No. 39 of 1999 concerning Human Rights. "This law stipulates that every child has the right to protection from parents, family, society, and the state. Children's rights are human rights that are recognized and protected by law," he reminded.

In addition, Andreas added, the protection of human rights for children victims of sexual violence is also regulated in the TPKS Law. Starting from the right to assistance, the right to restitution, the right to recovery, the right to be free from questions that ensnare, the right to provide unstressed information, the right to legal services, the right to psychological strengthening, the right to health services, as well as the right to services and facilities in accordance with the special needs of the victims.

"All of this must be fulfilled by the state, including in the existing legal process. Apart from the matter of upholding justice, the fulfillment of these rights should be taken into consideration in investigating cases of sexual violence," said Andreas.

Andreas also asked the Public Prosecutor to work better in the cassation process so that justice for victims can be upheld. He considered, this is also a form of guarantee from the state in fulfilling the rights of victims.

"This case must be a reflection for all parties to continue to fight for justice and protection for children and ensure that the justice system runs in accordance with the principles of justice, transparency, and focuses on fulfilling human rights," Andreas concluded.