orang australia makin piss-off aja...
nembak orang, didepan banyak orang, kena 7 tahun
penjara. sementara, bawa ganja 4 kilo, kena 20 tahun
penjara.
The Jakarta Post, Jakarta
The judges at the Central Jakarta District Court
sentenced Adiguna Sutowo on Thursday to seven years in
prison for the murder of restaurant employee Johannes
'Rudy' Berchmans Haerudy Natong and the illegal
possession of a weapon.
"The court declares that the defendant, Adiguna
Sutowo, has been proven guilty on all counts and
hereby sentence the defendant to seven years in
prison," Presiding Judge Lilik Mulyadi stated.
The punishment was far more lenient than the life
sentence demanded by the state prosecutors.
Adiguna, the lone defendant in the shooting of Rudy at
point blank range at the Hilton hotel on Jan. 1, was
charged under Article 338 of the Criminal Code and
Emergency Law No.12/1951, which carry the maximum
penalty of 20 years imprisonment and a life sentence,
respectively.
The panel of three judges, consisting of Lilik
Mulyadi, Agus Subroto and Mulyani, argued that the
prosecutors' demand was too heavy and that a life
sentence could only be handed down if they had
initially demanded the death penalty.
The judges also explained that the Central Jakarta
District Court had never sentenced a murderer to more
than 20 years. They cited several cases in which
defendants had been tried and convicted for either
murder or illegal possession of firearms since 2002,
including the cases of Hutomo "Tommy" Mandala Putra
Soeharto, who was sentenced to 15 years for
assassinating a Supreme Court Justice, and Ari Sigit,
who got only one year for illegal possession of lethal
weapon.
They also considered other factors as the basis of
their leniency.
"The defendant has never previously been convicted of
a crime. He is also a public figure who has already
received moral condemnation from the media for the
crime he committed. And we also consider the letter
submitted by the victim's family and signed by Rudy's
father, Alfons Natong, who forgave the defendant and
requested leniency in punishing him," said the judges,
during the two-hour trial session.
When asked by the judges whether Adiguna accepted the
verdict or not, he would not say anything and asked
his lawyers to respond.
"We object to the court's decision Your Honor. We
would like to appeal," said Adiguna's chief lawyer,
Muhammad Assegaf, after talking with Adiguna.
After the session, Chief Prosecutor Andi Herman said
that he would need time to decide whether the state
would appeal or not.
According to the Criminal Code Procedures, each party
has seven days to file an appeal with the High Court.
Lawyers for the victim's family, Hendrik Jahaman and
Gustav Chaman, said that the verdict was "outrageous"
and that they would urge the prosecutors to file an
appeal immediately.
"The verdict is outrageous. The letter should not have
been used as a mitigating factor because the defendant
never pled guilty," Henrik said.
Law expert Rudy Satrio said that such a letter could
be used as a mitigating factor even though it was not
regulated in the country's Criminal Code.
"It's allowed for the judges to decide the most fair
verdict on the basis of various considerations,
including the letter. The usage of the letter showed
that the judges believed that Adiguna is guilty,
whether he pled as such or not," said the expert from
the School of Law at the University of Indonesia.
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