JAKARTA - The police have repatriated Film Television (FTV) artist Hana Hanifah on the grounds that her legal status is only as a witness in an online prostitution case.
Criminologist from the University of Indonesia Josias Simon said, in cases of prostitution, the criminal article can only ensnare pimps. Meanwhile, women who are used as objects or men who are masher cannot be charged under the criminal article.
In this case, the police used Article 2 of law number 21 of 2007 concerning the Crime of Trafficking in Persons (TPPO).
"The issue in the articles of the criminal law can only ensnare pimps or pimps. It's not the artist or the buyer," Josisas told VOI, Wednesday, July 15.
But that does not mean that men and women who are used as objects cannot be criminalized. It's just that, when this is implemented, the judicial process will be weak, both in terms of punishment and implementation.
"It could be but the application is very weak," said Josias.
In addition, a criminal law expert from Al Azhar University, Suparji Ahmad said that Hana Hanifah was not appointed in an online prostitution case due to a lack of evidence. Although the police have pocketed Hana's confession and evidence of a transfer of Rp. 20 million, it is still considered insufficient to determine her as a suspect.
"It is not enough, because the confession must be supported by other evidence such as witnesses or experts," said Suparji.
With a lack of evidence, investigators decided not to assign him a suspect. However, when developing this case other evidence was found, it was possible that Hana would be named a suspect.
"If in the examination there is evidence that the suspect is suspected of committing a criminal act, he can be promoted to become a suspect," said Suparji.
Police reasonKapolrestabes Medan Kombes Riko Sunarko said the reason for not determining Hana Hanifah as a suspect was because the woman was only used as an object of trafficking. However, if conditions were to reverse, then Hana could be named a suspect.
"It is possible (named as a suspect) if he (Hana) actively offers himself," said Riko.
Meanwhile, the police have designated R as a pimp. Meanwhile, another suspect with the initials J is still being chased because he is in Jakarta.
The determination of the two suspects was because they actively offered Hana to several mashered men, including A.
"So this H he hangs out at the cafe with his friends. This J is the coordinator we think he will be. He is the one who actively offers it. Then J offers here (A)," said Riko.
Meanwhile, suspect R acted as the person who prepared everything for Hana's needs while in Medan. Later, R will get a salary of Rp. 4 million from this job.
"His confession (R) only helps," said Riko.
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