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Sat, May 26, 2012
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Hard Time in Matricide Case Opposed
Zaky Pawas & Dessy Sagita | May 26, 2010

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As a 12-year-old boy faces a possible 15 years behind bars for the murder of his adopted mother in East Jakarta, a legal aid lawyer warned on Wednesday that imposing such a heavy punishment on the youth would transform him into hardened criminal with little hope of rehabilitation.

Kristin Tambunan said the judge in the murder trial that opened at the East Jakarta District Court on Wednesday must tread carefully and consider every aspect of the defendant’s sociological circumstances as well as his psychiatric condition.

The prosecutors’ indictment cites violation of Article 338 of the Indonesian Criminal Code on murder, which stipulates a maximum punishment of 15 years in prison. The boy has also been charged with violating Article 44 on the Eradication of Domestic Violence Law, which carries a maximum of a five-year jail term.

“Convicting a child with heavy jail time should be the last resort. It should only be taken with comprehensive considerations,” Kristin, who is also an activist for children’s legal protection, told the Jakarta Globe.

Police say the defendant, a boy identified only as HAG, murdered Etty Rochayati, a woman who adopted him as her son. On Oct. 11, he allegedly struck her in the head and neck with a block of wood while she was watching television in their living room at their home on Jalan Sembung in Cibubur, East Jakarta. Police said he then dragged her body outside and dumped it in the gutter behind their house, only to discover that she was still breathing. Police say the defendant then killed Etty with a hammer and a kitchen knife.

Police said HAG told investigators that he was sick of being verbally abused by Etty. Police added that the defendant could be charged as an adult because he was above 11 years of age.

Kristin said on Wednesday that should HAG be sent to prison he would be exposed to hardened criminals, including murderers and drug traffickers. She added that a child who had spent a long time in prison would also likely become a victim of labeling after he was released.

“Once they spend time in jail, people will start calling them criminals, and it is very natural if they start to act like one because of that label,’ Kristin said, adding that HAG should instead undergo psychological rehabilitation to treat his emotional trauma.