BANDUNG - The panel of judges at the Bandung District Court (PN) said that the Islamic boarding school foundation owned by the accused of raping 13 female students, namely Herry Wirawan, could not be disbanded for legal reasons.
According to the panel of judges, the foundation is a legal entity foundation. Therefore, its establishment and dissolution is regulated in the Foundation Law.
"The legal subject is an individual, not a corporation, so naturally the dissolution of the foundation is necessary civilly and not criminally," said the chairman of the panel of judges Yohanes Purnomo at the Bandung District Court, Bandung City, West Java, as reported by Antara, Tuesday, February 15.
Herry Wirawan has a foundation called Manarul Huda which is located in two locations. The first is the Manarul Huda Orphanage Foundation located in the Antapani area, Bandung City, and the second is the Madani Boarding School Islamic Boarding School located in the Cibiru area, Bandung City.
According to the judge, to be able to dissolve or freeze the foundation, a civil legal action is required. The judge also suggested that the Prosecutor's Office take this step for the purposes stated in the indictment.
"The confiscation cannot be carried out, because the foundation has a legal entity, so that the auction and confiscation of assets can only be carried out after the foundation is dissolved in a civil manner," said the judge.
Head of the West Java High Prosecutor's Office, Asep N Mulyana, assessed that the foundation was used by Herry as an instrument of crime to rape dozens of his victims.
In his indictment, the prosecutor asked the judge to dissolve or freeze the pesantren as assets to be confiscated and auctioned off which profits could then be given to the victims. Although it has not been granted, Asep said that he would consider civil action to confiscate Herry's assets.
"I consider that the judge suggested that the lawsuit for the dissolution of the foundation use a civil mechanism, we will consider that," said Asep after attending Herry's verdict hearing.
The panel of judges sentenced Herry Wirawan to life in prison. The judge considered that there was nothing that eased Herry Wirawan's sentence.
Herry's actions were found guilty in accordance with Article 81 paragraph 1, paragraph 3 and paragraph 5 in conjunction with Article 76D of the Republic of Indonesia Law Number 17 of 2016 concerning Amendments to Law Number 23 of 2002 concerning Child Protection in conjunction with Article 65 paragraph (1) of the Criminal Code as the first indictment. .
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