I will not judge Apriyani Susanti, the allegedly intoxicated driver who killed nine people on Jan. 22. But I do expect that the judge who presides over that case to levy a severe sentence on her to uphold justice. The judge should consider the human toll, not merely the Narcotics Law or Traffic and Land Transportation Law.
Several legal experts said article 338 of Criminal Code (KUHP) on intentional murder should be invoked because Apriyani drank alcohol and used drugs prior to the crash. “She is an educated person. She should know that alcohol and drugs can make her high. That’s not negligence but deliberation,” said Bambang Widodo Umar and Eva Achyani Zulfa, both noted criminologists from the University of Indonesia (UI).
The tragic accident has shocked us and created a public uproar — and not only because the lady was driving while intoxicated. The victims were innocent people who were relaxing, walking and sightseeing on the sidewalk — ostensibly a safe place — when suddenly Apriyani swept their life away in seconds.
We don’t know how many years of punishment will be demanded by the prosecutor for Apriyani. We expect that the presiding judge will deliver justice based on what is written in the law books and also consider justice for the victims and members of society in general who might become victims if such recklessness is not severely punished. The judge should not treat the law books as holy books, because justice not only talks about the law but also contains words on wisdom, peace and human rights of the victims.
The judge should think of the immaterial losses experienced by the victims, such as Dini Ardiani, currently seven months’ pregnant, who lost Firmansyah, her husband of 10 months. Firmansyah was the breadwinner for this new couple, and the beloved of Dini, in whom she put her hopes. The judge should also think of the prolonged anguish that is surely being experienced by Teguh Hadi Priyono, who lost his 2-year-old son, his mother, his niece and his sister all at once.Apriyani might apologize to her victims, but does it mean anything? We know that the public is furious and has not forgiven her. The public will not accept it if she is sentenced to six years’ imprisonment for reckless driving.
Punishment is justice for the unjust, and we all must agree that Apriyani has been unjust, since she might have been at a cheerful, glamorous and mischievous “party” with her friends prior to the accident. “Justice cannot be for one side alone, but must be for both,” said Eleanor Roosevelt. This is the message that the judge should keep in mind.
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Serpong, 29 Jan 2012
Titus J.
