Im bored, so i thought making this thread. want to make some pointer before we begin.
- Im Indonesian with english my second language. i try my best to make essay in english but sorry in advance if there going to be misinterpretation of word or sentence. im doing this while opening google translate haha
- indonesia law and America law are very different. Indonesia are civil law (same like japan, netherlands, etc) while america are common law. the procedure of law going to be different from what u guys knew in america
- even though law are very differ between 2 countries, every country in the planet follow the same foundation of law. "the presumption of innocence". which means, every person accused of any crime is considered innocent until proven guilty. i look at this cases neutrally
CHRONOLOGY :
Victim posting on her twitter attachments of google docs 9 pages long that describe her relationship with sinatra. the documents : https://t.co/V4PUMZeNrW . she describe her relationship are painful and sinatra try to make her way to make bebe with her while not using a baloon on his schlong. she also includes evidence which is screenshot and audio recording. in response to this, sinatra make a tweet which is : https://www.twitlonger.com/show/n_1srk800 . victim then make a report to police and later withdraw her statement because it affects her health. as far as i know, sinatra didnt make any law action against her.
INDONESIA LAW PERSPECTIVE :
- clause 285 KUHP "Barang siapa dengan kekerasan atau ancaman kekerasan memaksa seorang wanita bersetubuh dengan dia di luar perkawinan, diancam karena melakukan perkosaan dengan pidana penjara paling lama dua belas tahun. " which mean (translated from google translate, edited by me) "Whoever by force or threat with violence forces a person to woman having seggs with him out of wedlock, is threatened for committing grape with a maximum imprisonment of twelve years." keyword are "force or threat with violence", "Having seggs", "out of wedlock". so basically in Indonesia if u having seggs with force but u married its legal. yeah its kinda f up. newer law are coming but thats another topic.
- clause 184 KUHAP says there are 4 legal evidence. which is : witness testimony, expert testimony, letter, clue, and defendant statement. victim testimony are not evidence, but accusation. this accusation u could bring to police for further investigation, but are not fact until proven and not evidence.
- from the accusation of victim, it seems defendant (fit the criteria? idk the right word) clause 285 which is he use force, having seggs with victim, and not married.
- from the documents the victim gave which is google docs, we could divide accusation and evidence. evidence are photo screenshot and voice recording that she provide. rest are accusation to back up the clause 285.
-from this evidence, i dont found anything from screenshot that correlate to grape. all of them are screenshoot of them fighting and victim scared of their relationship, so cant count as grape evidence. - audio recording evidence describing when their having bebeh can become evidence. with this, need clarification and further investigation about this recording, is it true? also regarding activities that they are doing, it seems u can interpret a lot of activities. i mean they could workout together and it still counts. but still, it count as early evidence.
- regarding electronic evidence, as mention in clause 5 UU ITE, electronic evidence are legal and didnt have to be in written format. evidence also need to be proven its authenticity, integrity and availability. u need expert digital forensic for this. but it can become evidence.
- in Indonesia, u need minimum 2 evidence from clause 184 KUHAP. the audio could become early evidence so it counts so thats 1 evidence which is clue.
- as far as i know there are no witness for now with this cases.
- expert testimony, and defendant statement (in court) not yet cause the cases didnt go to court.
- this cases lack of evidence right now and need further investigation because the source of evidence only come from victim. i didnt found any evidence from outside source. pls do give me info about outside source if u guys found any.
- the best way for victim to find somebody willing to be her witness to back up her accusation. also any digital or non digital evidence like rontgen, etc. she had recording, there must be more recording imo.
thats for now folks, any input appreciated. i hope the best for victim and defendant in this case. either way, grape are absolute wrong but blindly following without proven fact also wrong. cheer hope i dont offend someone
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