JAKARTA - The West Java High Court filed an appeal against Herry Wirawan's decision. One of the objections raised was the imposition of restitution for rape victims.
The Bandung District Court Panel of Judges in addition to sentenced Herry Wirawan to life in prison for his act of raping 13 female students, and also decided that the restitution fee of Rp. 331 million for victim Herry should be charged to KPPPA.
The imposition of a restitution fee of IDR 331 million is one of the demands of the prosecutor to Herry Wirawan. However, because he was sentenced to life imprisonment, the restitution fee could not be charged to Herry based on Article 67 of the Criminal Code.
The West Java High Prosecutor's Office (Kejati) Asep N. Mulyana said that his party did not agree with the imposition of restitution for rape victims because the convict's immoral acts were not the fault of the state.
"It's as if the state is then in the wrong. It is as if later it will create that there will be other perpetrators later if they commit a crime, it is the state that bears (the victim's compensation)," said Asep in Bandung, West Java, Tuesday, February 22. quoted from Antara.
The issue of restitution, which is a point in the memorandum of appeal, was brought forward in order to straighten out and prevent the emergence of other immoral actors. Thus, his party still demands that restitution of Rp331 million is still charged to Herry Wirawan as a convict in the rape case against 13 female students.
He explained that restitution and compensation are two different things. According to him, the cost of restitution for the victims should be borne by the perpetrators.
So, he continued, in the point of appeal the prosecutor still demanded that the pesantren foundation owned by Herry be disbanded and confiscated as asset confiscation.
"That's why we then asked the judge to appeal; to then grant our request, including the dissolution and confiscation of the foundation's assets," he explained.
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