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Jakarta Post

Family quarrel drags elderly woman into legal struggle

Marsiyah, 68, placed both hands over her mouth, but her frail body shivered as she tried hard to hold back her sobs so they wouldn’t be heard by visitors attending her hearing at the South Jakarta District Court on Wednesday

Eny Wulandari (The Jakarta Post)
Jakarta
Thu, June 3, 2010

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Family quarrel drags elderly woman into legal struggle

M

arsiyah, 68, placed both hands over her mouth, but her frail body shivered as she tried hard to hold back her sobs so they wouldn’t be heard by visitors attending her hearing at the South Jakarta District Court on Wednesday.

She was listening to the state prosecutor in a case where she is being charged, along with her daughter, Yuswati Chasanah, of assaulting her former daughter-in-law, Febriyanti.

If proven guilty, Marsiyah faces five months in prison and eight months’ probation.

For her, it all started simply as an ordinary family quarrel.

Prosecutor Novika M said that Yuswati was arguing with Febriyanti, the younger sister of Sofyan, Yuswati’s husband, after finding out that Febriyanti had entered Yuswati’s house without her consent on Nov. 15, 2009.

Yuswati then threw a plate at Febriyanti’s face and she and Marsiyah yanked Febriyanti’s hair and scratched her hand, Novika said.

“A medical examination found scratches underneath Febriyanti’s eyes and on her neck and hand,”
she said.

Yuswati and Sofyan divorced shortly after the incident.

Novika said that Marsiyah and Yuswati had violated article 170 of the Criminal Code by assaulting Febriyanti, adding that Marsiyah’s age could be a mitigating factor.

Marsiyah’s case is the latest incident in a series of cases in the city in which senior citizens have been dragged into legal battles.

Apart from Marsiyah’s case, another ongoing case involving aged women is the alleged squatting
case of widows Soetarti Soekarno and Rusmini.

Both women face up to two years in prison and Rp 20 million (US$ 2,000) in fines if found guilty of having occupied their houses without the consent of state pawnshop operator Perum Pegadaian, the properties’ owner.

It was recently reported that the company wanted to use their houses as townhouses for its high-ranking officers.

Speaking after the trial, Yuswati and her lawyer, Erna Purnamasari from the Jakarta branch of the Legal Aid Foundation of the Indonesian Women’s Association for Justice, objected to the sentences sought by the prosecutor.

“We wish the judges find that my clients had no deliberate intention [of attacking the victim],” she said.
Marsiyah’s oldest son, Sugeng Ari, said the case was a heavy burden for Marsiyah.

“She keeps asking how long the case will last. She suffered diarrhea recently as the case is weighing very heavily on her mind,” he said. “She wants to return to her hometown [Banyumas, Central Java]. The case has been dragging on since December last year and she has to stay at my house in Bekasi.”

“My mother is just the victim [of a family quarrel]. All she wanted to do was break up the fight,” he said.

Legal expert Indriyanto Seno Adji said some penitentiaries treated senior inmates differently from younger inmates, adding that some penitentiaries, for example, separated the elderly and those convicted of serious crimes.

“However, such special treatment [for senior inmates] is not mentioned in the Criminal Code as such policy is applied differently by each prison,” he said.

The next hearing is scheduled for Wednesday.

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