Wednesday, January 16, 2013
Why Choose the defendant Asked MA 5 Months Jail or Fines USD 5 Million?
Jakarta - the appeal decision provides an option for La Rusu (39) to choose sentenced to 5 months in prison or a Rp 5 million is still a question mark. Is the decision numbered 2520 K/Pid.Sus/2011 this a typo or is there another purpose, is not known.
"It might be a typo. It's a fatal mistake. Oversight of real judges," said Division Chief Justice Studies Law and Policy, Institute for Research and Advocacy for Independent Judiciary (LeIP), Arsil, told AFP on Wednesday (16/01/2013) .
The reason is not possible if the wrong type that wants judges fined Rp 5 million shall be accompanied by a typed amar 'if can not pay the fine then it should be a substitute for many months confinement'.
But if the judge wants prison for 5 months is too long then the wrong type of 'or a fine of Rp 5.000.000, - (five million dollars)'. "Too long if the wrong type. Typo so unlikely," said Arsil.
Suspected fault starts from the Public Prosecutor (Prosecutor) who did not carefully read the Fisheries Act. In chapter 100B Fisheries Act mentioned ... by fishermen and / or power pembudi small fish shall be punished with imprisonment of one year or a fine of Rp 250 million.
Turns out the punishment option is not interpreted properly by the prosecutor demanded that the State Attorney shoves La Rusu by imprisonment for 5 months or a fine of Rp 8 million. Demands confusing then echoed by PN shoves until an appeal by three justices, Imron Anwari, Main Zaharuddin and Suhadi.
"Well, in this condition how the execution must be carried out? Would it be wrong to execute prosecutors before 1 month imprisonment or a fine payment time limit runs out? God only knows. Clearly this fatal mistake was not corrected by the Supreme Court," said Asril.
The only way to correct this is the correct decision at the reconsideration level (PK).
"If it's already clear error and the only way is by correcting on the PK," said Arsil.
As revealed in the copy of the decision was reported by the clerk of Supreme Court, the case in question is a matter of breach of Hope Flowers KMN ship captain GT 3, La Rusu. 39-year-old man was dispatched his ship without permission harbormaster on May 14, 2010. Over this incident, the local law enforcement people sit Raja Ampat, West Papua in the chair convict.
Later it was revealed many irregularities in the decision.
Sources: http://news.detik.com/read/2013/01/16/135637/2143773/10/
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