If the defendant does not pay restitution, it will be replaced by imprisonment for 2 (two) months,” stressed the prosecutor.
Singaraja, SINARTIMUR.com – The follow-up trial of the criminal sexual violence case involving the defendant, a lecturer at a private university in Buleleng, named Putu Agus Ariana, 34, has entered a new phase.
Hearing on Tuesday 7 November 2023 at 16.00 WIT in the Kartika Courtroom of the Singaraja District Court with the agenda of reading the charges by the Public Prosecutor at the Buleleng District Prosecutor’s Office.
Before the Panel of Judges consisting of Chief Judge Heriyanti S.H., M.Hum., Member Judges Made Hermayanti Muliartha, SH., and I Gusti Ayu Kade Ari Wulandari, SH, the Public Prosecutor’s team Made Juni Artini, S.H. and I Made Heri Permana Putra, S.H., M.H, read out the demands.
In his demands, the public prosecutor stated that the defendant was legally and convincingly proven guilty of committing the crime of sexual violence as regulated in Article 6 letter c of Republic of Indonesia Law no. 12 of 2022 concerning criminal acts of sexual violence, in the first indictment.
“Sentence the defendant to prison for 4 (four) years and 6 (six) months minus the time the defendant is in detention,” emphasized the prosecutor in his demands.
In addition to being sentenced to 4.6 years in prison, the defendant was also required to pay restitution to the victim amounting to Rp. 10,340,000.00 (Ten Million Three Hundred and Forty Thousand Rupiah). “If the defendant does not pay restitution, it will be replaced by imprisonment for 2 (two) months,” continued the prosecutor in his demands.
The prosecutor in his complaint ordered that the defendant remain in detention. Declaring that evidence in the form of 1 (one) piece of green t-shirt and 1 (one) piece of black trousers was confiscated for destruction; 1 (one) white EZVIZ brand Digital Vidio Recorder (DVR) unit; and 1 (one) unit of black adapter was returned to witness Putu Bayu Hardika; 1 (one) unit of the Xiaomi 10T Pro brand cellphone, luna silver color one, was returned to the Defendant
Still in the prosecutor’s demands, the things that incriminate the defendant include the defendant’s actions in damaging the future of the victim witness; the defendant as an Educator (Lecturer); and the defendant’s actions disturbed the community. Meanwhile, the mitigating factor is that the defendant was polite at trial; the defendant has never been convicted; and the defendant is the backbone of the family;
In the previous trial, the public prosecutor charged the defendant Putu Agus Ariana with: First, Article 6 letter c of Republic of Indonesia Law no. 12 of 2022 concerning criminal acts of sexual violence or Second, Article 6 letter b Republic of Indonesia Law no. 12 of 2022 concerning criminal acts of sexual violence or Third, Article 6 letter a of Republic of Indonesia Law no. 12 of 2022 concerning criminal acts of sexual violence. As for the prosecutor’s demands, the article proven is Article 6 letter c of Republic of Indonesia Law no. 12 of 2022 concerning criminal acts of sexual violence.
Whereas the actions/case of the defendant’s actions are the defendant Putu Agus Ariana on Friday 5 May 2023 at around 01.00 WITA or at least around that time in 2023 at a boarding house located at Jalan Pulau Komodo, Banyuning Village, Buleleng District and Buleleng Regency commits an act of abusing one’s position, authority, trust, or trust arising from deception or a relationship of circumstances or taking advantage of a person’s vulnerability, inequality or dependency, forcing or by misdirection moving that person to commit or permit sexual intercourse or obscene acts with him or her. other people, where in this case the victim is RD.
After reading the demands from the prosecutor, the next trial will be scheduled by the Panel of Judges, namely reading the plea/defense from the defendant and his legal advisor.