In the hearing agenda for reading the charges at the Denpasar District Court, Bali, on Friday, the Bali High Prosecutor's Team of Prosecutors Gede Gatot Hariawan, Dewa Gede Ari Kusumajaya, and Isa Uli Nuha stated that defendant Sukena did not have malicious intent, or mens rea, to violate Article 21, paragraph 2 a in conjunction with Article 40, paragraph 2 of the Republic of Indonesia Law Number 5 of 1990 concerning the Conservation of Natural Resources and Ecosystems.
"We demand that the panel of judges declare that defendant I Nyoman Sukena was not proven legally and convincingly to have malicious intent, or mens rea, to own and keep protected animals in the form of four Javan porcupines," prosecutor Gatot Hariawan remarked.
Additionally, the prosecutor requested the judiciary panel, led by Ida Bagus Bamadewa Patiputra and colleagues, that the defendant be released from detention and that the evidence in the form of four Javan porcupines be confiscated by the state to be handed over to the natural resource conservation agency BKSDA.
There were no aggravating factors for the defendant in the prosecutor's indictment.
However, the mitigating factors for the defendant were that he regretted his actions, had no intention of commercializing the porcupines, was not a repeat offender, did not understand the rule that porcupines are protected animals, and was polite and admitted to his actions, thereby leading to a smooth trial.
In response to the charges, defendant Sukena expressed his gratitude and happiness. He thanked all parties who helped free him from the clutches of law and said that the legal process was a valuable life lesson.
"I have accepted it. I consider this a valuable experience in my life," he remarked in the company of his wife, Ni Made Lastri, 34.
He also admitted to feeling discouraged and would be more cautious in keeping animals to avoid having in possession species protected by law.
The verdict hearing for defendant Sukena is scheduled for Thursday (Sept 19).
Earlier, Sukena was charged with violating Article 21, paragraph 2a of Law Number 5 of 1990, which prohibits catching, injuring, killing, keeping, owning, transporting, and trading protected animals in living condition.
The 38-year-old man cried uncontrollably after hearing the verdict at the Denpasar District Court, Bali, on Thursday (Sept 5), which went viral on various social media platforms and attracted public attention.
The community also provided moral support to Sukena, who admitted to being unaware that porcupines, which are often considered pests in his area of residence due to their habit of eating coconut seedlings, are protected animals.
The hashtags -- We are with Sukena, Free Sukena, and No Viral No Justice -- gained popularity on social media timelines after netizens considered the prosecutor's demands to be excessive for the common people, especially at a time when several officials involved in corruption cases were awarded lighter sentences.
The defendant admitted to having initially kept two Javanese porcupines from his in-laws, which he got from their garden. Due to his love for animals, Sukena kept the porcupines until they multiplied into four.
However, the Bali Regional Police eventually came to Sukena's residence in Bongkasa Pertiwi, Abiansemal District, Badung, and found that Sukena did not have a permit to keep Javanese porcupines. The four porcupines were taken to the Bali BKSDA until Sukena was named a defendant in the trial.
After serving a period of detention, with the approval of the panel of judges, Sukena was released from a detention center to house arrest starting on Thursday (Sept 12).
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Translator: Aditya Eko Sigit Wicaksono
Editor: Azis Kurmala
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