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Death penalty demand for alleged child rapist reignites capital punishment debate
Komnas HAM calls for ‘comprehensive’ approach to handling sexual abuse cases.
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lthough several government officials have expressed their support for the prosecutors’ demand for the death penalty for a pesantren (Islamic boarding school) teacher accused of the rape of his students, activists have questioned the deterrent effect of the death penalty in cases of sexual abuse.
The indictment has become the latest case to spark a debate over the effectiveness of capital punishment in Indonesia, which is often handed down to drug convicts and has long been questioned by rights activists as it does not appear to deter others from committing similar crimes.
Prosecutors demanded on Tuesday that the panel of judges at Banding District Court, West Java, sentence Herry Wirawan, the defendant in the case, to death for alleged rape and violence against children, a crime punishable under the 2016 Child Protection Law.
In addition, the prosecutors also demanded chemical castration and that Herry pay Rp 500 million (US$34,989) in fines and Rp 331 million in restitution for his victims. The prosecutors also demanded Herry’s assets be seized and auctioned off, the proceeds of which would be used to provide financial support for the victims and their children.
The head of West Java Prosecutors' Office, Asep N. Mulyana, who is acting as prosecutor for the case, argued that the prosecutors decided to seek such a heavy punishment for Herry given the severity of his crimes.
[https://www.antaranews.com/berita/2636137/herry-wirawan-pelaku-pemerkosaan-13-santriwati-dituntut-hukuman-mati]
Herry is accused of raping at least 13 students between 2016 and 2021 in various pesantren in which he taught. At least nine babies have reportedly been born as the result of the rapes.
West Java Governor Ridwan Kamil has expressed support for the heavy sentences sought by the prosecutors, saying that such punishment is justified considering the severity of Herry’s alleged crimes, which have also prompted public outrage.
“The demand [made by the prosecutors] is in accordance with the hopes of the public so that [alleged] perpetrators such as Herry can be punished severely, including the death penalty as proposed by the prosecutors,” said Ridwan on Wednesday as quoted by kompas.com.
[https://bandung.kompas.com/read/2022/01/12/173004978/herry-wirawan-dituntut-hukuman-mati-ini-kata-ridwan-kamil]
Women’s Empowerment and Child Protection Minister Bintang Puspayoga has also voiced her support, saying that she hoped the bench’s decision would be in line with the punishment demanded by the prosecutors, antaranews.com reported.
[https://www.antaranews.com/berita/2639497/menteri-pppa-dukung-tuntutan-jpu-atas-terdakwa-herry-wirawan]
Meanwhile, Deputy Religious Affairs Minister Zainut Tauhid Sa’adi echoed Ridwan’s view, saying that such a severe punishment for Herry was reflective of the public’s hopes for the defendant to be punished as heavily as possible, if found guilty, and added that it was hoped it would create a deterrent effect that would prevent similar crimes in the future.
“Hopefully, it will create a deterrent effect for people who [are thinking of] committing similar crimes,” said Zainut on Wednesday, as quoted by kompas.com.
[https://nasional.kompas.com/read/2022/01/12/18014751/wamenag-dukung-tuntutan-hukuman-mati-dan-kebiri-herry-wirawan?page=all]
‘Questionable’ deterrent effect
The National Commission on Human Rights (Komnas HAM), which has long called for Indonesia to abolish the death penalty, has rejected the capital sentence pursued by the prosecutors for Herry, arguing that it violates the right to life.
Komnas HAM commissioner Beka Ulung Hapsara said there should be a more comprehensive approach to handling sexual violence cases.
“Sexual violence [cases] should be handled more comprehensively. Not only from the legal approach but also from other approaches as well,” said Beka as quoted by kompas.tv, adding that it was doubtful that handing down the death penalty for sexual abusers would prevent similar cases from happening in the future.
Institute of Criminal Justice Reform (ICJR) researcher Maidina Rahmawati questioned the prosecutors’ demand for multiple punishments for Herry, referring to Article 67 of the Criminal Code (KUHP), which stipulates that the death sentence handed down to convicts cannot be accompanied by other forms of punishment.
“This [capital punishment] will close the door for the state to make the perpetrator responsible for the victims’ recovery by seizing and auctioning his assets and giving the proceeds to the victims,” said Maidina.
She added that the case should serve as further proof of the need for the government to properly address sexual violence cases, which often occur due to an imbalance in power relations between victims and perpetrators.
"We are indeed angry about this incident, but we must not be diverted from the root of the problem; why sexual violence or rape occurs," Maidina said.
