Children In Conflict With Law Cannot Be Imprisoned

A criminal case involving children such as Mario Dandy Satrio's lover, Agnes Gracia Haryanto, should not be sentenced to prison. (Pixabay)

JAKARTA The determination of Agnes Gracia Haryanto (15), Mario Dandy Satrio's lover as the perpetrator of the persecution of Cristalino David Ozora, according to a criminal law observer from JFB Indonesia Legal Consultant, Farizal Pranata Bahri, is in accordance with the rules of child criminal law.

The recommendation is Law Number 11 of 2012 concerning the Child Criminal Justice System and Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.

Children over 12 years old and not 18 years old receive special treatment when in conflict with the law, both in status, punishment, concept of punishment, and place to serve a crime.

Using the principle of legal lex specialis derogat legi generalis, the principle of legal interpretation is special in excluding general laws.

"Why not be named as a suspect? So that the psychological role as a child in conflict with the law is not disturbed," Farizal told VOI on March 3, 2023.

The punishment imposed on Agnes if found guilty did not use the Criminal Code. The case of mistreatment of David, said Farizal, is classified as severe persecution. The victim fell into a coma for days so that he could not carry out his activities.

In the Criminal Code, acts of severe abuse are threatened with a maximum imprisonment of eight years in accordance with Article 354 of the Criminal Code paragraph 1. However, for perpetrators of child imprisonment it is only three years or five years if the victim is seriously injured. This is regulated in Article 76C and Article 80 of Law Number 35 of 2014.

Article 76C reads, "Everyone is prohibited from placing, allowing, committing, ordering to commit, or participating in violence against children."

Then it was reiterated in Article 80 Paragraph (1), every person who violates the provisions as referred to in Article 76C, shall be sentenced to a maximum imprisonment of 3 years and 6 months and/or a maximum fine of IDR 72 million.

Then paragraph (2), in the event that the child as referred to in paragraph (1) is seriously injured, the perpetrator is sentenced to a maximum imprisonment of 5 years and/or a maximum fine of Rp. 100 million.

Then, related to the concept of punishment. The juvenile criminal justice system is carried out based on the principles of protection, justice, non-discrimination, the best interests for children, survival and development of children, guidance and child care, and avoidance of retaliation.

Every child in the criminal justice process, said Farizal, has a number of rights that cannot be ruled out. For example, the right to education, health services, parental assistance, social advocacy, whose identity cannot be published, and even has the right to carry out recreational activities.

In addition, children are also not arrested, detained, or imprisoned except as a last resort and in the shortest possible time in accordance with Article 3 of Law Number 11 of 2012.

"In handling child cases, all components ranging from the investigation process to the trial must pay attention to the best interests of children and try to maintain a family atmosphere. In essence, there is no right for children to decide," he said.

Likewise, if you have received a sentence. Children who are in conflict with the law are not placed in prison, but in coaching institutions.

It could be at the Special Child Development Institution (LPKA) under the Director General of Corrections at the Ministry of Law and Human Rights or at the Social Welfare Implementation Institution (LPKS) under the auspices of the Ministry of Social Affairs.

That way, children can still get good education. In addition, there are many other privileges, such as getting a reduced sentence, obtaining a number of leave rights, parole, assimilation, and others.

Agnes' role in the case of David's persecution is very clear. The police have obtained complete evidence in the form of WhatsApp chats, videomobiles, and CCTV footage at the crime scene (TKP), Ulujami, Pesanggrahan, South Jakarta.

Agnes on February 20 was known to have asked David to come to their friend R's house on the grounds that he wanted to return the student card. Agnes with Mario Dandy and Shane Lukas then drove to R's house on a Jeep Rubicon.

After meeting, Mario was said to have taken David to the back of the Rubicon car. They got into an argument that Mario kicked and hit the victim until he fell and was unconscious. Even so, Mario is still as upset as seen in the viral video footage in cyberspace.

Indeed, from the eyes of the law, Agnes's actions are certainly guilty. However, from a psychological point of view, I suggest doing a psychological test first on Agnes. Sometimes children don't know if what they are doing is a criminal act or not. I suspect Agnes has mental health problems," he said.

Child and Youth psychologist Novita Tandry also believes that Agnes has a psychological disorder. Her father had a stroke and was paralyzed for a long time, her mother had cancer, and her only sister also had liver cancer.

You could say Agnes lives alone. As a teenager, Agnes's mental condition is indeed unstable. Moreover, she received news that continues to attack her at this time. But this has nothing to do with persecution by Mario," said Novita.

According to him, it is impossible for Agnes to manipulate people, especially those who are manipulated by older people. Mario Dandy Satrio is 20 years old, while Agnes is 15 years old.

Agnes should, according to Novita, not be involved in the case. Especially when referring to the story of his attorney, Mangata Toding Allo, Agnes did not directly provoke Mario Dandy Satrio.

"Agnes chatted with his girlfriend, this female friend told Lukas (Shane Lukas) who had become a suspect 2. Then, it was the suspect 2 who conveyed it to Mario. So, it was not direct between Agnes and Mario," Novita told VOI on March 3, 2023.

Moreover, even though it is true, as an adult of 20 years, Mario should be able to manage emotions. Not necessarily swallowing the information received.

"The film is in him (Mario). If only he had the ability to control emotions (persecution) it didn't have to happen, Indonesia wouldn't be as excited as it is now," he said.

"I still believe Agnes is not directly associated with the abuse. It's very unlikely that Agnes could speak up and then could influence someone for 20 years to do something," Novita continued.

"I thought at first glance what I understand. You can confirm directly to Mr. Mangata. I was indeed asked by my attorney to handle Agnes, but I haven't had time to meet face to face and just rescheduled Monday tomorrow," added Novita Tandry.