Experts criticize light sentence for Adiguna Sutowo
Experts criticize light sentence for Adiguna Sutowo
Abdul Khalik, The Jakarta Post/Jakarta
The seven-year sentence handed down on Thursday to murderer
Adiguna Sutowo is too lenient and will not deter others from
criminal acts, experts say.
Adiguna was found guilty on Thursday of shooting bartender
Johannes 'Rudy' Berchmans Haerudy Natong at point blank range at
the Hilton hotel last Jan. 1, and the illegal possession of a
weapon.
Noted lawyer Bambang Widjojanto expressed disappointment at the
sentence.
"The light punishment will create a precedence so that rich
convicted killers like him are punished lightly. Court punishment
is supposed to deter others from committing similar crimes and I
think the court has failed to do that," he told The Jakarta Post.
Bambang, former director of the Foundation of the Indonesia
Legal Aid Institute (YLBHI), said the various considerations used
by the judges showed they had intended on punishing the
businessman lightly.
Adiguna was charged under Article 338 of the Criminal Code and
Emergency Law No. 12 /1951, which carry a maximum penalty of 20
years' imprisonment and life imprisonment, respectively.
State prosecutors had demanded life imprisonment for the
killer.
The judges argued that the Central Jakarta Court had never
sentenced a murderer to more than 20 years in prison. They cited
several cases in which defendants had been tried and convicted
for either murder or the illegal possession of firearms since
2002, including the cases of Hutomo "Tommy" Mandala Putra, who
was sentenced to 15 years for murder and Ari Sigit, who got only
one year for the illegal possession of a gun.
They also considered that, as a public figure, Adiguna had
received moral condemnation from the public for the crime he
committed, as well as the letter submitted by the victim's
family, who forgave the defendant and requested leniency in
punishing him.
Legal expert Daniel Panjaitan of the YLBHI criticized the
judges' decision, saying that as a public figure, Adiguna should
have been aware that others might mirror his actions.
"If judges consider Adiguna a public figure, he should be
given a heavier punishment, as he has set a bad example. It is
strange that the judges view (his prominence) as a consideration
to lighten his punishment," Daniel told the Post.
Legislator Trimedia Panjaitan of the Indonesian Democratic
Party of Struggle (PDI-P) said that, unlike a civil suit, an
out-of-court settlement should have no bearing on a murder trial.
"I don't understand why judges considered the letter. The
Criminal Code does not recognize peaceful settlements outside the
court. It can be assumed the judges wanted to add as many
considerations as possible to justify their decision to hand down
a light sentence to Adiguna," he told the Post.
He proposed that the Supreme Court review the case and the
judges' decision.