Prosecutors Commission Learns Why Prosecutors Have Not Executed Defendant Wenhai Guan

Head of the Barita Prosecutor's Commission LH Simanjuntak (center) gives a statement to reporters. ANTARA/HO-Prosecution Commission

JAKARTA - The Prosecutor's Commission of the Republic of Indonesia (Komjak) is studying the reasons why the North Jakarta District Attorney has not executed the defendant Wenhai Guan who is involved in the persecution case against Andy Cahyady.

This step was taken after the Prosecutor's Commission received a report regarding Wenhai Guan, a Singaporean citizen, who flew to his home country after being found guilty at the North Jakarta District Court in June 2021.

"There have been several reports, so so far we have followed up on what was reported by Andy Cahyadi's brother, regarding the execution of the convicted defendant Wenhai Guan," said Head of the Barita Prosecutor's Commission LH Simanjuntak in a written statement quoted by Antara in Jakarta. , Friday, October 22.

Barita said that his party had received a response and explanation from the North Jakarta District Attorney who said Wenhai Guan had been exposed to COVID-19 and needed treatment.

"When there was a court decision, the prosecutor had submitted a summons for execution. Well, the guarantors Marna Ina and Feng Qiu Ju promised to cooperate and gave guarantees that they would present. The stage is there now, to be executed immediately," said Barita.

Furthermore, Barita will also confirm the prosecutor's efforts in the execution. One of them is by sending officers to directly check the condition of the defendant Wenhai Guan, who reportedly both guarantors are lying sick in Singapore.

"This is something we will explore later and we will ask again if it has not been done," said Barita.

Meanwhile, Barita said that the Prosecutor's Commission had not investigated the "nebis in idem" principle which states that it is forbidden to try more than once for an act, if there has been a decision to punish or acquit.

"When it comes to nebis in idem, we haven't received any progress, because there has been no report from Andy Cahyady's side. But so far there have been and we've handled a question from Andy's attorney regarding the execution of Wenhai Guan," said Barita.

Previously, Andy Cahyady and his attorney, Muchsin, visited the Prosecutor's Commission office to inquire about the progress of the report for the immediate execution of the defendant Wenhai Guan.

He admitted that he had submitted an application to the Procuratorate to detain Wenhai Guan, for fear of escaping abroad. Concerns that occurred, Wenhai flew to Singapore after being sentenced to six months in prison.

"That's why we wrote to the Jakut Prosecutor's Office for immediate execution and Komjak is here as a supervisor for the Prosecutor's Office who may be able to follow up on what really happened behind this and the Prosecutor's Office can return the convicted brother Wenhai to Indonesia again so that he can be executed," said Muchsin.

Andy Cahyady admitted that he had submitted a request for Wenhai Guan's detention to the prosecutor's office in July 2020, but there was no response. Until he received information from the Directorate General of Immigration, the defendant Wenhai Guan fled to Singapore. Then, the North Jakarta District Attorney only issued a letter of prevention abroad in September 2021. Andy Cahyadi was disappointed with the slow pace of the Prosecutor's Office.

"So I don't accept this reason. So, today I ask the Jakarta Attorney and Attorney General's Office to issue a DPO letter or ban the guarantor. So that the convict Wenhai can return to Indonesia, he will receive legal sanctions and there will be justice for me," said Andy Cahyady.

This case began with the persecution by foreign national Wenhai Guan against Andy Cahyady. However, Wenhai admitted to being a victim and reported Andy to the police until he was found guilty and has served a criminal sentence of six months in prison.

Andy Cahyady then reported back on Wenhai's abuse. Wenhai was later sentenced to six months in prison. But before serving his sentence, the foreigner returned to his home country in Singapore.

After a few months, Wenhai Guan returned to the country and reported Andy in the same case. Andy Cahyady was then processed and sentenced to one year in prison at the North Jakarta District Court on Tuesday, October 12, 2021.