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| Ratri Novita Erdianti, SH., M.H. as a Lecturer of the Faculty of Law (FH) University of Muhammadiyah Malang. (Photo: Haqi Public Relations) |
The incident of the rape of an Ustaz and the leader of a pesantren to dozens of female students last year became a dark incident in the world of education. After going through a lengthy legal process, which was initially life imprisonment, the latest one turned into a death sentence. Seeing this, Ratri Novita Erdianti, SH., M.H. as a Lecturer of the Faculty of Law (F.H.) of the University of Muhammadiyah Malang (UMM), responded to the case from the legal aspect.
As she is familiarly called, Ratri explained who had stated the regulations for this case in Law (U.U.) Number 17 of 2016 concerning the Crime of Sexual Violence. In the related law, it has been stipulated that the death penalty for perpetrators of sexual violence has been regulated. According to him, the perpetrators of rape are serious crimes that exceed human limits.
On the other hand, the death penalty is against human rights (HAM). The decision still depends on the number of victims and the impact felt by the perpetrators. From these three aspects, considerations will determine the severity or severity of the punishment.
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"The crimes committed by the perpetrators, in my opinion, have crossed the line of humanity. So serious crimes must be given serious punishments to provide a deterrent effect. Not only for the perpetrators but also for the wider community," she added.
The lecturer from Pasuruan revealed that the death penalty for a related case was the first in Indonesian history for perpetrators of sexual violence. According to him, many things must be considered when a judge decides on a criminal case, mainly concerning aspects of victims that must be seen psychologically. Even with the future that the dozens of victims will face.
Furthermore, when there are similar cases, disparities may occur. The point is that the punishment that is decided later will not always be the same as in the case of Ustaz's rape. This is because the conditions and circumstances of the case may be different. Likewise, if you file an appeal, which does not always result in a lighter sentence, it can also become more severe.
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"When filing an appeal, it does not mean that the perpetrator's sentence must be commuted. It could even be the other way around, namely given more severe punishment," she said.
Ratri again explained that the dark incident and the death penalty for the perpetrators served as lessons and education that the crimes committed were severe. In addition, this incident also affected reducing public trust in educational institutions. Especially education that takes place in Islamic boarding schools.
"Of course, there is a need for prevention so that the same thing does not happen, both in Islamic boarding schools, schools, and public places. The state must also play a significant role in ensuring security for all its people. Even with monitoring efforts carried out by parents, teachers, the education office to the ministry of religion, "she said. (apg/Haq/Wil)
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