Head of the Prosecutor's Office, Asep N Mulyana, affirmed this in response to Wirawan's defence that is seeking clemency and asking that he not be given the harsh penalty demanded by the prosecution.
"In our response to the defendant's defence, we affirm that we will not modify the sentence that we demand," Mulyana said at Bandung District Court, West Java, on Thursday.
The death penalty is legal and has been regulated by relevant laws, he said. Hence, the penalty that the prosecutors are seeking for Wirawan is within the legal scope, he added.
"Our decision (to seek the death penalty) is not arbitrary because our legal system allows the death penalty," Mulyana said.
The prosecution has also demanded that Wirawan's assets be confiscated and fines be levied against him to demonstrate the country's commitment to protecting sexual violence victims, he informed.
The asset seizure and fines are being demanded to provide financial assistance to the victims and their babies, he explained.
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"The financial penalties do not diminish the state's and government's obligation to protect the victims and their babies," Mulyana affirmed.
Earlier, prosecutors had demanded that Herry Wirawan, 36, be sentenced to death for the rape and impregnation of 13 students.
The death penalty has been sought for Wirawan for raping and impregnating some of the victims, which are grave crimes, they said.
Wirawan has also been asked to pay a fine of Rp500 million and restitution fees of Rp331 million to the victims.
Wirawan has been charged under Article 81, paragraph (1), paragraph (3), and paragraph (5) in conjunction with Article 76D of the Republic of Indonesia Law Number 17 of 2016 on Amendments to Law Number 23 of 2002 on Child Protection in conjunction with Article 65, paragraph (1) of the Criminal Code in the first indictment.
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Translator: Bagus Ahmad R, Nabil Ihsan
Editor: Rahmad Nasution
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