Measuring Putri Candrawathi's Sentence: Could She Get Remission?

JAKARTA When discussing the sentence that Putri Candrawathi will receive, the suspect in the murder case of Brigadier J, remember Pinangki Sirna Malasari? She is a female prosecutor who stumbled upon a corruption case in the fatwa management at the Supreme Court (MA).

Pinangki was found guilty of committing three criminal acts in this case: Receiving 500,000 US dollars in bribes from Djoko Tjandra; committing a crime of money laundering totaling 375,229 US dollars; and proven to have committed an evil conspiracy with Djoko Tjandra, Andi Irfan Jaya, and former attorney Djoko Tjandra, Anita Kolopaking.

Pinangki Sirna Malasari, previously had the status of Head of Monitoring and Evaluation Subdivision II at the Planning Bureau of the Deputy Attorney General for the Development of the Attorney General's Office (AGO).

In February 2021, the Panel of Judges at the Corruption Court sentenced Pinangki to 10 years in prison and a fine of IDR 600 million. She then filed an appeal and was granted.

As quoted from the Jakarta High Court website, the panel of judges cut Pinangki's sentence from the original 10 years in prison to 4 years in prison. In the judge's consideration, Pinangki, has pleaded guilty and regretted her actions and accepted her dismissal from her profession as a prosecutor.

Another consideration is Pinangki's status as a mother who has a four-year-old child. According to the judge, Pinangki deserves the opportunity to nurture and give love in the growth of her child.

"That the defendant as a woman must receive attention, protection, and be treated fairly," said the judge of appeal.

Unlike Angelina Sondakh. In the first instance, the wife of the late Adjie Massaid was sentenced to 4.5 years in prison and a fine of IDR 245 million, subsidiary to 6 months in prison. However, after filing an appeal, it was not obtained. The Jakarta High Court actually sentenced her to 5 years in prison.

Likewise, at the cassation level, Angelina's sentence was increased to 12 years in prison. Despite applying for a Review (PK), the sentence was only reduced to 10 years in prison.

In fact, at that time, Angie also had a toddler who was 2 years and 6 months old. One year earlier, the son had also lost his father to death.

Angie has been an inmate at the Jakarta Women's Prison since April 27, 2012. The panel of judges assessed that Angie was proven guilty of corruption by accepting gifts of IDR 2.5 billion and US$ 1,200,000 from the Permai Group.

As a member as well as the DPR's Budget Board, Angie agreed to lead the higher education project budget at the Ministry of National Education so that it could be adjusted to the Permai Group's request.

"I did receive (corruption money) even though I think, but I didn't do it myself," Angie said on the Kompas TV program on March 31, 2022.

Reflecting on the two cases, is it possible that Putri Candrawathi will get leniency during the court process? In status, Ferdy Sambo's wife is the same as Pinangki and Angie, a mother who has a toddler. Putri reportedly has 4 children, the eldest is 18 years old and the youngest is 1 year 6 months.

Authority of Institution

According to a Legal practitioner from Mataram University, Farizal's judge's decision is based on three things. The first is related to the Law imposed, the second is related to the facts of the trial, such as witnesses and evidence submitted in the trial process. Third, the judge's belief.

"In the judge's own beliefs, when a decision occurs, there are aggravating things then there are mitigating things," Farizal told VOI, Saturday (27/8).

For example, the defendant gave a complicated statement, then did not act friendly, or other things. Meanwhile, the mitigating thing generally seems to be good behavior, having toddlers, or other things based on the interpretation of judges.

This means that judges have subjective authority in enforcing the law. Of course, with certain considerations," added Farizal.

Trisakti University criminal law expert Abdul Fickar Hadjar has the same opinion. In the legal process, every agency that is conducting an examination has its own authority.

An example in the case of Ferdy Sambo's wife. The police have the authority at the investigation level to detain or not detain Putri Candrawathi.

If there are no worries about escaping or worrying about eliminating evidence, investigators may not detain Putri. Or, even if detained, Putri could take care of her child who is still a toddler in detention. Back to the investigator's authority," explained Fickar to VOI, Saturday (27/8).

Likewise, at the prosecution level by the prosecutor or already at the court level by the judge. Each has its authority. That's why cases are often the same but with different penalties.

"The judge wants to consider or not, it's the judge's authority. We can't analyze the right or left, it's up to the judge," Fickar asserted.

However, the application of the law must still consider aspects of humanity even if the suspect commits inhumane acts.

"This means that the law is not a tool for revenge, the law must also improve," he said.