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Ten Children Guilty of Gambling at Jakarta Airport
Heru Andriyanto | July 28, 2009

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.  (AFP Photo) 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.  (AFP Photo)
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M.M.A.
7:48am Jul 28, 2009

Why is it that gambling like "kejar" through SMS to 885 went "unnoticed" by the police?

peterR
7:40am Jul 28, 2009

I have already posted a comment when this case erupted stating what I think of this case, so will not reiterate my disgust again. However, I would like to ask a rather simple question: It has been reported that these children, whilst under detention, were mentally and physically abused, threatened, beaten and tortured by their captors, why are these allegations not being pursued/investigated?

The authorities actions have yet again managed to attract international attention because of their complete lack of compassion and humanity. The actions of these dullards will do much harm to Indonesia and its reputation, and cause not just a few to question whether Indonesia is a good place to visit. I hope that there is a firm pursuance of this case on sites such as Facebook, and that the authorities are forced to acknowledge their stupid and heartless actions.

Indonesia's main airport is full of crime and corruption, I have personally witnessed security guards accepting bribes to allow non passengers through to areas restricted to passengers, a massive crime in light of today's terror threat; I am always plagued by people trying to sell fake watches and the like; always bothered by very persistent illegal taxi drivers, and constantly irritated by porters who think that by simply touching a piece of luggage they are due a fee, and are abusive it one refuses to pay up: I do-not see much enthusiasm by the airport authorities when it comes to these crimes. Could it be that children are just an easier, less threatening, softer target, and one that does not bite back?

Peter Ramsey


Markus Hagenauer
7:21pm Jul 27, 2009

There should be made a differenc between contravening a law a doing something realy criminal.

Why must the law be so strict with things that harm nobody?


Valkyrie
5:30pm Jul 27, 2009

Sorry, have one question needed to be answered please.......

Can someone tell me that playing the Stock Market is not a form of "gambling?"

Thank you!


Valkyrie
4:43pm Jul 27, 2009

Let us all not get over emotional. What the kids did was actually a form of "gambling." Many of us are approaching this issue erroneously.

The judge will look into the degree of crime based on the arresting authorities's report/s. It was the Police aho initiated the arrest, I believe.

However, it is at this point when things should have been properly handled. The Police were well within their rights to arrest the kids, but even so, they could have called in the parents of the kids and settled the isssue.

Alas! They were brought to court like common criminals. Now at this juncture, the judge could have thrown the case away, with whatever conditions the judge may want to establish. No, the judge did not do that.

Now everyone is wondering why the situation has come to this unbearable point. It's diabolical!

Detaining children in a cell for up to a month is causing the lingering anger. It is a traumatic experience and will have negative effects on their young minds.

I honestly do not understand why the authorities are still pursuing the matter. It is so apparent that this case is becoming a circus. It's not funny anymore. It's going into "Twitter," "Facebook," and other blog sites and soon the world will have more fun to poke at the justice process here.

Reprimand the children. That's the correct thing to do.


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.”