As if to underline what some believe is a farcical trial,the accused schoolboys wear festive masks as
they are declared guilty of gambling
by the Tangerang District court judge
The Tangerang District Court on Monday found 10 children guilty of gambling in a controversial ruling that sparked outrage among Indonesia\'s child welfare activists, even after the court ordered the juveniles returned home to their parents. The case drew national attention after prosecutors in Banten, already under fire for a recent defamation case involving a woman who had complained via e-mail about a local hospital, insisted on prosecuting the children and had them locked up for nearly a month. The 10 boys, aged 12 to 16, were arrested at Soekarno-Hatta International Airport in late May after police claimed they were playing a coin-tossing game for a Rp 1,000 (10 cents) prize and shining shoes without a license. “The justice system is played with like a toy and ironically it takes its toll on children,” said Arist Merdeka Sirait, secretary general of the National Commission for Child Protection (Komnas Anak). “We will file a motion against their arrest, which violates the Child Protection Law, and we will report the prosecutors to the Commission for Public Prosecution for using the Criminal Code to prosecute children. “The guilty status could well become a painful psychological burden on the children for the rest of their lives. And although they weren’t sent to prison, they did spend 29 days in detention,” Arist said outside the courthouse shortly after the verdict. Although presiding Judge Retno Pujiningtyas opted not to give the children prison sentences, she ruled that if they were summarily acquitted, they could potentially repeat their crimes. She said the verdict conformed to prosecution demands as well as recommendations from the child protection commission, which quickly denied that it supported finding the children guilty. “We never agreed to that,” said Magdalena Sitorus, a commission member. “We recommended the children be unconditionally acquitted, with no guilty verdict whatsoever.” Defense lawyers immediately said they would appeal the verdict, which is the latest black eye for the country’s troubled justice system.
“The judge used Article 303 [of the Criminal Code] on gambling to deliver the verdict,” defense lawyer Ricky Gunawan said. “She has ignored the fact that the children were really just tossing coins for fun, not for the money.” According to the law, gambling for profit is a crime punishable by up to 10 years in prison. The 10 children were arrested by three police officers at a bus parking area of the airport on May 29. According to the children’s lawyers, one of the officers, Fachrozi Hanapi, threatened the children with his gun and kicked three of them after their arrest. In an earlier hearing, the children said they were hiding from a security operation to round up illegal visitors to the airport and were playing with the coins at the parking area to kill time. They did admit to working at the airport by shining shoes without permits, saying they earned up to Rp 20,000 a day. Prosecutors and police came under fire for allegedly treating the children like hardened criminals, and were mocked for having them wear festive colored masks, ostensibly to hide their identities, when they appeared in court. Attorney General’s Office spokesman Jasman Panjaitan, however, said prosecutors had done nothing wrong in pursuing the case, and claimed their detention was based on orders from the police. “According to the Law on Child Tribunals, children from 8 to 12 years old may stand trial, but they should be returned to their parents after the verdict is delivered,” Jasman said. “But children aged 12 to 18 are liable to sentencing if convicted. We consider that the judge’s verdict is correct and lawful.”
“The judge used Article 303 [of the Criminal Code] on gambling to deliver the verdict,” defense lawyer Ricky Gunawan said. “She has ignored the fact that the children were really just tossing coins for fun, not for the money.” According to the law, gambling for profit is a crime punishable by up to 10 years in prison. The 10 children were arrested by three police officers at a bus parking area of the airport on May 29. According to the children’s lawyers, one of the officers, Fachrozi Hanapi, threatened the children with his gun and kicked three of them after their arrest. In an earlier hearing, the children said they were hiding from a security operation to round up illegal visitors to the airport and were playing with the coins at the parking area to kill time. They did admit to working at the airport by shining shoes without permits, saying they earned up to Rp 20,000 a day. Prosecutors and police came under fire for allegedly treating the children like hardened criminals, and were mocked for having them wear festive colored masks, ostensibly to hide their identities, when they appeared in court. Attorney General’s Office spokesman Jasman Panjaitan, however, said prosecutors had done nothing wrong in pursuing the case, and claimed their detention was based on orders from the police. “According to the Law on Child Tribunals, children from 8 to 12 years old may stand trial, but they should be returned to their parents after the verdict is delivered,” Jasman said. “But children aged 12 to 18 are liable to sentencing if convicted. We consider that the judge’s verdict is correct and lawful.”
Author: The Jakarta Globe
