PURWOKERTO - A criminal law expert from Jenderal Soedirman University Purwokerto, Prof. Hibnu Nugroho, assessed the death sentence for the rapists of 13 female students, Herry Wirawan (HW), had fulfilled a sense of justice.
"I saw that the judge had a jumping, progressive view, jumping but jumping progressively. What does that mean? Even though in the law, the maximum penalty for perpetrators of sexual violence against children is 15 years in prison, the panel of judges at the appeal level imposes a death penalty as demanded by the prosecutor in the court of the first instance", he said in Purwokerto, Banyumas Regency, Central Java, Tuesday, April 5.
He said that the provisions for punishment for perpetrators of sexual violence against children are regulated in Article 81 paragraph (1) of Law Number 17/2016 concerning Stipulation of Government Regulation in Lieu of Law Number 1/2016 concerning the Second Amendment to Law Number 23/2002 concerning Child Protection into Law, namely a minimum of five years in prison and a maximum of 15 years in prison and a maximum fine of IDR 5 billion.
However, if the crime is committed by parents, guardians, people who have family relationships, child caretakers, educators, education staff, officers who handle child protection, or it is committed by more than one person together, by the provisions of Article 81 paragraph (2) the criminal penalty is added by one-third of the threat regulated in Article 81 paragraph (1).
"So there are two aspects. One, the prosecutor's demands were met. Two, that the judge thought he was jumping because this victim was extraordinary, causing extraordinary psychological effects so that the priority aspect of retaliation would not exist again in the future", he added.
According to him, the death sentence handed down by the Bandung High Court panel of judges against Wirawan on Monday, April 4, could serve as a lesson for future possibilities.
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He hopes that the death penalty decision can be a deterrent in the future so that cases of sexual violence do not recur. "I agree on it (the death sentence) because it can provide a deterrent effect or prevent the existence of other actors and potentials like that", he said.
Because they have been sentenced to death, he said, the perpetrators of raping 13 female students will not receive additional punishments in the form of chemical castration and installation of electronic detection devices as regulated in Article 81 Paragraph (7) of Law Number 17/2016.
"I think judges and prosecutors must (think and act) out of the box so that the community can truly achieve justice, justice is fulfilled. Sometimes from a legal aspect, justice does not give a sense of justice in society, if this death sentence) I think it will provide justice", said the vice chancellor for general and finance at Jenderal Soedirman University.
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