Sabtu, 24 Juni 2023

Due To His Madness, The Tarutung District Court Did Not Convict Harapan Munthe Who Killed His Wife

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By:
Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Dasar Dan Alasan Hukum Mengajukan Peninjauan Kembali Perdata", "Be Careful Using AI, You Will be in Trouble for Citing Non-existent Jurisprudence", you may read also "5 Interesting Cases that Become the Jurisprudence of the Supreme Court in Indonesia" and on this occasion we will discuss about 'Due To His Madness, The Tarutung District Court Did Not Convict Harapan Munthe Who Killed His Wife'.

The panel of judges at the Tarutung District Court handed down an acquittal to Harapan Munthe. Harapan is a man in Humbang Hasundutan District, North Sumatra who mutilated his own wife's flesh to boil. The sentencing hearing against Harapan Munthe was held on Wednesday (7/6/2023) yesterday. The judge stated that Harapan Munthe was not proven to have committed premeditated murder as stated in the primary indictment of the public prosecutor (JPU), namely Article 340 of the Criminal Code.[1]

"Declaring that the defendant Harapan Munthe has not been proven legally and convincingly guilty of committing the crime as stated in the primary indictment. Therefore, he acquits the defendant from the primary indictment," said the judge's decision as quoted from the Tarutung District Court Case Tracing Information System (SIPP) website, Thursday (8/6/2023).[2]

However, the judge found Harapan Munthe guilty of intentionally killing his wife. According to the judge, Harapan was guilty of violating Article 338 of the Criminal Code as stated in the prosecutor's subsidiary indictment.[3]

Even so, Harapan Munthe could not be jailed for this incident because of his disturbed mental state. "Declaring that the defendant Harapan Munthe has been proven legally and convincingly guilty of committing the crime of murder as in the subsidiary indictment, however the defendant cannot be held criminally responsible. The defendant is therefore released from all charges," the judge explained.[4]

Based on this decision, the judge asked Harapan Munthe to be immediately released from detention. After that, the judge ordered the defendant to be taken to the Prof. Dr. Muhammad Ildrem Mental Hospital owned by the North Sumatra Provincial Government for treatment. "Ordered the defendant to be released from temporary detention immediately after this decision was pronounced. Ordered the public prosecutor to place the defendant in the Prof. Dr. Muhammad Ildrem Mental Hospital in Medan City immediately after the defendant was released from detention to undergo treatment for one year," he concluded.[5] And if you have any legal issue in Indonesia territory, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Jakarta - Indonesia.
E-mail: mahmudkusuma22@gmail.com

________________
References:

1. "Pria Mutilasi Hingga Rebus Daging Istri Di Humbahas Divonis Bebas", www.detik.com., Finta Rahyuni - detikSumut, Kamis, 08 Jun 2023 09:53 WIB, Diakses pada tanggal 20 Juni 2023, Link: https://www.detik.com/sumut/hukum-dan-kriminal/d-6761172/pria-mutilasi-hingga-rebus-daging-istri-di-humbahas-divonis-bebas
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.

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