MA Cancels Acquittal Of Child Rapists In Aceh

Illustration - Hammer Hakim (Widodo S. Jusuf/Antara)

JAKARTA - The Supreme Court overturned the acquittal of DP, the accused child rapist who is also the victim's uncle, and sentenced him to 200 months in prison (16 years and six months). prison," said Chief Syar'iyah Court of Aceh Rosmawardani in Banda Aceh, reported by Antara, Tuesday, September 22. The sentence of 200 months in prison was decided by the Supreme Court through a cassation decision Number 8 K/Ag/JN/2021. Previously, the defendant DP who is the uncle of the victim was convicted by the panel of judges of the Jantho Syari'ah Court with a sentence of 200 months in prison or 16 years and six months. However, at the appeal level, the defendant was acquitted by the Syar'iyah Court of Aceh Province with case number 7/JN/2021/ MS. Aceh, dated May 20, 2021. Then, based on the decision of the Aceh Syar'iyah Court, the Public Prosecutor (JPU) of the Aceh Besar District Court made an appeal to the Supreme Court of the Republic of Indonesia.

Rosmawardani said that in the Supreme Court's cassation decision, the judge stated that the defendant was legally and convincingly guilty of committing the crime of raping a child who had a mahram relationship with him, as stipulated in Article 49 of Aceh Qanun Number 6 of 2014. Therefore, said Rosmawardani, the Supreme Court decided sentenced the defendant to a prison term of 200 months, and the period of detention he had served was reduced. "The sentence is above the maximum sentence according to the version of the Child Protection Act, which is a maximum of 15 years. Then what should we ask again with the authority to handle children's cases at the Sharia Court? Yes," he said. Previously, this case had also become a hot topic of discussion among the Acehnese people because of the acquittal from the Aceh Sharia Court. and the Supreme Court is one "So, when the decision at the cassation level is different from the appeal level or the first level, it is a part of the judge's freedom, and is justified by law," he said. In this case, said Rosmawardani, the Court's decision The Supreme Court is different from the Syar'iyah Court of appeal, but is the same as the decision of the Syar'iyah Court of the first instance. themselves not to make comments that can affect public perceptions in a negative direction for the judiciary, especially the Syar'iyah Court in Aceh. Islamic law in Aceh, which we love so much," said Rosmawardani.