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.