The Observer Said, The Prosecutor Tried To Lighten The Article For The Defendant On Novel Watering

KPK senior investigator Novel Baswedan (VOI)

JAKARTA - The trial process for Novel Baswedan on chemical liquid sprinkling has become a polemic for a number of circles. This is because the demands given by the Public Prosecutor (JPU) for one year in prison to the two defendants, Rahmat Kadir Mahulette and Rony Bugis, are considered very light.

In fact, the actions of both of them were considered by a number of circles to have entered into serious persecution because it was planned and caused serious injury to one of Novel Baswedan's eyes and fulfilled Article 353 of the Criminal Code paragraph 2.However, the prosecutor used Article 353 of the Criminal Code Paragraph (2) in conjunction with Article 55 Paragraph ( 1) 1st KUHP.

Lecturer in Criminal Law at the University of Indonesia, Gandjar Laksmana Bonaprapta, said that there were attempts by the prosecutor to lower the sentences to the two defendants in a way that seemed unsuccessful to prove that there was planning and weighting behind the case.

"The prosecutor wants to show that he failed to prove that the sprinkling of hard water was carried out with a plan, or that the weighting was aimed at the eyes. This is what he wanted to show. So there are efforts to downgrade the choice of articles to be lighter. So that the demands later can be more pronounced. light, "said Gandjar at a discussion entitled 'Measuring the Prosecutors' Demands in the Novel Baswedan Case' via Youtube, Monday, June 15.

Gandjar said, acts of persecution always contain an element of deliberation. In Novel's case, the prosecutor wanted to convey the element of deliberation to, "watering the body" and not the eyes.

For this reason, proving whether or not there is planning to injure Novel is very important. This is done also aims to ensure the existence of a criminal act according to the alleged article.

"Deliberately persecuted him, so (what needs to be proven) the occurrence of serious injuries was planned from the start or the consequences just appeared or something else," said Gandjar.

Furthermore, about deliberation, Gandjar said, the defendants could actually imagine the impact or injury from the chemical used. This is evidenced by the existence of sweeping or surveillance of the environment around Novel Baswedan. The goal is that at the time of the execution no other person becomes a victim.

"He can imagine that it is not impossible if he flushes the contact with other people. So he has to comb. When flushing Novels, he has to walk alone without having anyone next to him because there is a risk of being hit by other people," concluded Gandjar.

One Year's Demands

In the trial for Novel Baswedan with the agenda of reading the charges, the Public Prosecutor (JPU) asked the two men, Rahmat Kadir Mahulette and Rony Bugis, to one year in prison.

"Demand that the panel of judges at the North Jakarta District Court examine and adjudicate this case to decide, two, to impose a sentence on the defendant Rahmat Kadir Mahulette for 1 year with an order that the defendant remains detained," said the prosecutor while reading out the indictment at the North Jakarta District Court, Thursday, 11 June.

In the indictment, the defendant Rahmat's actions were deemed proven to have fulfilled the elements of maltreatment with planning and resulted in serious injuries due to using sulfuric acid or H2SO4 to injure Novel Baswedan. Meanwhile, Rony is considered to have been involved in the act of persecution because he helped the persecution process.

In addition, the prosecutor said that what incriminated the two defendants was that their actions had tarnished the honor of the National Police institution.

"Like peanuts on the skin, because Novel was assigned to the Corruption Eradication Commission (KPK) even though he was raised at the National Police, he is very arrogant, famous and familiar with the law, so that the defendant's intention to teach Novel a lesson by making Novel seriously injured," said the prosecutor.