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Teacher might face 3 years for pinching student

Teacher on trial: Lampung language teacher Sari Asih Sosiawati (left) and her two lawyers listen to expert testimony at Blambangan Umpu district court in Waykanan, Lampung , on Wednesday

Oyos Saroso H.N. (The Jakarta Post)
Bandarlampung
Thu, May 2, 2013 Published on May. 2, 2013 Published on 2013-05-02T10:14:31+07:00

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Teacher on trial: Lampung language teacher Sari Asih Sosiawati (left) and her two lawyers listen to expert testimony at Blambangan Umpu district court in Waykanan, Lampung , on Wednesday. Sari is accused of pinching a student. Her trial resumes on May 15. (Antara/Gatot Arifianto) Teacher on trial: Lampung language teacher Sari Asih Sosiawati (left) and her two lawyers listen to expert testimony at Blambangan Umpu district court in Waykanan, Lampung , on Wednesday. Sari is accused of pinching a student. Her trial resumes on May 15. (Antara/Gatot Arifianto) (left) and her two lawyers listen to expert testimony at Blambangan Umpu district court in Waykanan, Lampung , on Wednesday. Sari is accused of pinching a student. Her trial resumes on May 15. (Antara/Gatot Arifianto)

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span class="caption" style="width: 510px;">Teacher on trial: Lampung language teacher Sari Asih Sosiawati (left) and her two lawyers listen to expert testimony at Blambangan Umpu district court in Waykanan, Lampung , on Wednesday. Sari is accused of pinching a student. Her trial resumes on May 15. (Antara/Gatot Arifianto)

The fate of Sari Asih Sosiawati, a teacher at SD Negeri Tiuhbalak state elementary school in Way Kanan regency, Lampung, is hanging by a thread as she has been put on trial for allegedly pinching her student.

At the first hearing in early April, Prosecutor Dwi Nurul Fatonal at Blambangan Umpu Court demanded that Asih be sentenced to the maximum 3.5 years in prison and pay a fine of Rp 72 million (US$7,400) for violating Law No. 23/2002 on child protection.

Asih, who teaches the Lampung language, reportedly pinched a fourth-grade student in September 2012 under his left arm because he repeatedly failed to submit his homework.

Erwansyah, the student'€™s parent, who owns a hotel, reported Asih to Baradatu Police for child abuse.

Baradatu Police Chief Adj. Comr. M. Joni suggested Erwansyah settle the problem out of court but the
latter refused.

 Before reporting the case to the police, Joni went on, Erwansyah demanded that Asih pay Rp 24 million as a customary '€œfine'€, but Asih could not afford it.

'€œErwansyah said that the case could only be solved through the applicable customary law in Way Kanan. Since the defendant failed to pay the fine, Erwansyah pushed us to process the case,'€ Joni.

The case itself has raised concern among teachers in Way Kanan.

On Wednesday, dozens of teachers, who came to the court to support Asih, urged the court to reconsider the case, questioning the legal protection for teachers.

'€œTo some extent, it is allowed that teachers punish [lazy] students [to educate them]. If all parents reported such cases to the police, teachers would be afraid to teach. Teachers in Way Kanan are worried now that this kind of case might also happen to them,'€ said Wayan Satria Jaya, head of the Lampung Indonesian Teachers Association.

'€œWe respect the legal process, but this case doesn'€™t have to end up like this. We hope that this is the last case ever faced by a teacher. Hopefully, in the future, there will be no more teachers who are brought to justice for pinching their students.'€

At Wednesday'€™s hearing, an education expert from Lampung University, Sudjarwo, appeared in court and said that all parties had to consider the student'€™s psychological condition after the case.

'€œNow, the case has blown up in public, but does this situation make the student feel better?'€ said Sudjarwo.

A law expert at Lampung University, Wahyu Sasongko, said that Asih pinched her student while doing her job. '€œThe defendant was teaching, training, evaluating her students.'€

Lampung cultural expert, Udo Z. Karzi, said the customary fine demanded by the student'€™s parents was irrelevant, adding that it was even against Way Kanan law. He said that a resident could not use such a fine to punish somebody else.

Elyas Yusman, a public figure in Way Kanan, shared a similar sentiment. '€œThis is a defamation of the Way Kanan customary law. Somebody has been trying to take a lot of money from a small case,'€ said Elyas, who is also the Lampung Balancing Council (MPAL) secretary for the Way Kanan branch.

In Way Kanan, he explained, there is a customary fine, locally known as dau, usually valued in denominations of 24 and 12.

'€œPublic figures at district level can apply denominations of 24. [It can be Rp 2,400, Rp 24,000 or Rp 240,000]. Public figures at village level can only apply a fine that comes in denominations of 12,'€ said Elyas.

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