The judge stated that AG was legally and convincingly proven guilty of committing a crime. Her participation in the premeditated felony was the judge’s primary indictment in handing the sentence.
By
ERIKA KURNIA, SONYA HELLEN SINOMBOR
·4 minutes read
ADRYAN YOGA PARAMADWYA
AG (15) enters the car after the verdict trial at the South Jakarta District Court, Monday (10/4/2023).
JAKARTA, KOMPAS — The South Jakarta District Court sentenced AG (15) to 3 years and 6 months in prison for her involvement in the case of serious physical persecution against Cristalino David Ozora (17). The victim’s family accepted the court’s verdict, and regarding the sought compensation they said they left it to the court’s mechanism.
Presiding Judge Sri Wahyuni Batubara read out the decision at the trial, which was open to the public, at the South Jakarta District Court on Monday (10/4/2023). Upon her lawyer’s request, AG was not present at the trial, which however was attended by AG's relatives and lawyer, as well as the victim’s family members and relatives.
The judge stated that AG was legally and convincingly proven guilty of committing a crime. Her participation in the premeditated felony was the judge’s primary indictment in handing the sentence. The indictment was based on Article 355, Paragraph (1) of the Criminal Code (KUHP) juncto Article 55, Paragraph (1) of the Criminal Code.
"[I hereby] hand a sentence against the child [defendant] of 3 years and 6 months in prison at the LPKA [child correctional house]," the judge said. The sentence was lighter than the prosecution, which had demanded 4 years.
The aggravating factor weighing on AG’s verdict was that her participation in the crime has caused severe brain damage to the victim, who is currently being treated at a hospital. Among the mitigating factors is that being young, AG is believed to have room for self-improvement. "The child shows remorse for what she did. She has a parent who is suffering a stroke and developing stage-4 lung cancer," the judge said.
The judge found AG had been active in bringing the victim to meet Mario Dandy Satrio (20), her boyfriend and main suspect in the case. The meeting was arranged following her complaints that the victim, who was her former boyfriend, had abused her. Along with Shane Lukas Rotua Pangondian Lumbantoruan (19), Mario and AG met the victim on Monday (20/2). He was visiting a friend at his house at the Green Permata housing complex on Jl. Swadarma Raya, Ulujami village, Pesanggrahan district, South Jakarta.
ADRYAN YOGA PARAMADWYA
Journalists record the trial for reading the verdict for AG (15) through a gap in the door at the South Jakarta District Court, Monday (10/4/2023).
Witnessed by Shane and AG, Mario physically attacked and injured the victim so seriously that he fell unconscious. The victim has since been admitted to Mayapada Hospital for intensive medical treatment.
The judge quoted the victim's father as saying that the medical expenses amounted to Rp 1.2 billion. "Until now there has been no financial assistance from the families of the suspect Mario Dandy Satrio, witness Shane, or the child [AG]," the judge read out.
Mellisa Anggraini, the victim's lawyer from the Ansor Legal Aid Institute, said although it was less than the prosecution’s demand, she appreciated the judge's verdict. She said she was awaiting trial for the main suspect.
Regarding the sought compensation for the victim, she said the victim’s family left the matter to the Witness and Victim Protection Agency (LPSK). Compensation has been sought to help ease the burden of the medical expenses borne by the victim's parents.
The victim has been hospitalized for two months due to a severe brain injury with the prospect of permanent impairment. Based on the lawyer’s information, the victim's cognitive function has yet to recover normally, with him still struggling in communicating.
Respecting the verdict
The Women's Empowerment and Child Protection (PPPA) Ministry and the Indonesian Child Protection Commission (KPAI) stated that they respected the court’s verdict. "We respect the judge's decision on AG, the child who is in violation against the law," Nahar, child protection undersecretary at the PPPA Ministry, said.
AG was in actuality a victim of a criminal justice system.
According to Nahar, AG has been found guilty and sentenced to 3 years and 6 months in prison, and will undergo a correctional program at the LPKA. KPAI chairperson Ai Maryati Solihah also expressed her appreciation over the verdict. "We appreciate the judge for having allowed the defendant not to be present at the verdict read-out," she said.
Apart from being proven guilty, according to Mamik Sri Supatmi, a criminologist at the University of Indonesia, AG was in actuality a victim of a criminal justice system that she suspects to be sexist, punitive and over-reactive toward juvenile delinquency. She said the public and law enforcement officials failed to see that AG was also a victim.
