Likewise, with the opinion of the Panel of Judges at the Makassar High Court as referred to in Decision Number: 582/PID/2023/PT.MKS dated August 08, 2023. The Public Prosecutor in his appeal memorandum argued that the victim RAS was still categorized as a child as referred to in the provisions of several laws and regulations, although in the end the Makassar High Court upheld the decision of the Sidenreng Rappang District Court.
The Public Prosecutor at the Sidenreng Rappang District Attorney's Office then filed a cassation legal effort to the Supreme Court of the Republic of Indonesia. At this cassation level, the Supreme Court of the Republic of Indonesia as Judex Jurist stated that Judex Factie had wrongly applied the law.
According to Judex Jurist, the victim RAS is still categorized as a child even though she has been marriedTherefore, the decision of the High Court of Makassar, which upheld the decision of the Sidenreng Rappang District Court, was incorrect in the context of the application of law.
According to Judex Jurist also, Judex Facti did not properly and correctly consider the legally relevant facts. In fact, based on the facts, the perpetrator JR has fulfilled the elements of the first charge, namely Article 80 paragraph (1) jo. Article 76C of Law of the Republic of Indonesia Number 35 of 2014 concerning the Second Amendment to Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection.
The Supreme Court of the Republic of Indonesia through Supreme Court Decision Number 1288 K/Pid/2023 dated October 24, 2023, then overturned the Decision of the Makassar High Court Number: 582/PID/2023/PT.MKS dated August 08, 2023, which upheld the Decision of the Sidenreng Rappang District Court Number: 103/Pid.B/2023/PN.Sdr dated June 21, 2023. In the end, the perpetrator JR was sentenced to imprisonment for 10 (ten) months and a fine of Rp. 50,000,000.00 (fifty million rupiah) with the provision that if the fine is not paid, it will be replaced with imprisonment for 2 (two) months.
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