Juvenile Crime Is Not Punishment, But Guidance

Agnes Gracia while attending a hearing at the South Jakarta District Court, Jakarta, on March 30, 2023. (Antara/Luthfia Miranda Putri)

JAKARTA – Agnes Gracia (15) has been proven to have a vital role in the persecution case against Cristalino David Ozora (17). From the facts revealed during the trial, it was she who determined the time and place to meet the victim with the suspect Mario Dandy Satrio. Agnes' behavior also triggered Mario's emotions to the point where he could persecute the victim.

Agnes and the victim are ex-lovers. Their relationship only lasted for a few days from late December 2022 to early January 2023. Shortly after breaking up, on January 11 2023 to be exact, Agnes then established love with Mario.

After about two weeks, suddenly Mario's friend, Anastasia Amanda Pretya alias Amanda, broke the news about Agnes and the victim's sexual intercourse which occurred on January 17, 2023.

Mario Dandy Satrio got emotional, then tried to contact the victim several times. Not only the victim, but Mario also asked for clarification from Agnes. In her confession, said Judge Sri Wahyuni ​​Batubara, "The child (Agnes) felt compelled and afraid when she had intercourse with the victim at his rented house on January 17, 2023."

However, in Sri's opinion, this forced confession was not true because Agnes did not show any signs of trauma.

"It is evident from the confession of the child at trial that after having intercourse with the victim, the child also had intercourse with the witness Mario Dandy five times," said Sri when reading out the verdict in court on April 10, 2023.

Agnes Gracia when taken by officers to the Social Welfare Institution. (VOI Documentation)

Based on these reasons, Judge Sri said that Agnes Gracia had been legally and convincingly proven guilty of committing a crime and participating in committing serious maltreatment with premeditation.

"Determining crimes against children is therefore a prison term of 3 years and 6 months at the LPKA (Institute for Special Development of Children)," she said.

Criminal law observer from JFB Indonesia Legal Consultant Farizal Pranata Bahri considers the decision to be quite appropriate, although, in fact, it could be more severe in accordance with the demands of the public prosecutor for 4 years.

Because, according to him, there are no mitigating factors from a legal standpoint. In fact, there are many considerations that are more burdensome, such as the expectations of the victim's parents, the condition of the victim who has been in a coma for up to dozens of days in the hospital, the victim's recovery, and the overall cost of treatment until recovery, which is of course not small.

"If it's related to parents who are sick with cancer, that's not a mitigating reason," he told VOI on April 11, 2023.

Form of Construction

Child and adolescent psychologist Novita Tandry from the start believed that Agnes had a psychological disorder. In a way, she lives without adequate care from her family because of limitations. Her father had a stroke and was paralyzed for a long time, while her mother had cancer, and her younger brother also had liver cancer.

Thus, she hopes that the sentence handed down against Agnes is the right punishment. In a sense, punishment allows Agnes to realize her mistakes and still be able to develop her potential.

“She is still very young. That doesn't mean that we don't accept the judge's decision. What is of concern now is whether prisons can be a place of coaching for teenagers like her (Agnes)? It's a dilemma, if she returns to her family, can her parents also guarantee her development," said Novita to VOI on April 11, 2023.

However, according to Farizal, children who are in conflict with the law should receive special treatment. In Law Number 11 of 2012 the principle adhered to in the juvenile justice system refers to the best interests of the child, respect for children, survival and development of children, coaching and mentoring, deprivation of independence, and coaching as a last resort, and avoidance of retaliation.

The reconstruction process of the persecution of Cristalino David Ozora at the Grand Permata Cluster Boulevard Complex, South Jakarta. (Antara)

This distinction has the aim of providing protection for the psychological development of children who have a long future.

"So, children who are in coaching institutions still get their rights, including the right to education," she said.

Children who are serving a criminal period are also entitled to a reduced sentence, obtain assimilation, leave to visit family, leave before release, leave on parole, parole, and obtain other rights in accordance with statutory provisions in accordance with Article 4 of Law Number 11 of 2012.

"Don't let the child fall on the stairs. Experiencing mistakes, being imprisoned, instead of getting better, the future of the child is lost," she added.