Case
Hengky Gunawan is a suspect of drug abuse case who isn’t a stranger in the
illicit business. From the information gathered from various sources, residents
from Duryat, Surabaya known since 1997 as a supplier of ecstasy in foreign and
domestic. This man has a global network. 15 years ago, he had been sentenced to
one year in the Netherlands since 2000 caught carrying ecstasy pills. Back to
Indonesia, he even made ecstasy factory in Yogyakarta. Hengky rearrested by the
police in 2003 and jailed for two years.
Breathe free air, he did not give
up as well and re-established the ecstasy factory in Surabaya. Hengky was
arrested on May 23, 2006 at the Yani Golf, Gunung Sari, Surabaya, East Java. He
was arrested by the police for producing and distributing large amounts of
ecstasy.
The arresting of Hengky is the
result of the development of the arresting a courier named Kristian in the
Grogol, West Jakarta. Kristian was arrested while carrying 39 thousand ecstasy
pills claim to be supplied Hengky. In the beginning, he denied the charge by the
police.
However, Hengky could not deny when
the police took him to Surabaya to be met with Warno, another courier who was
arrested by police in Nganjuk, East Java. Warno confessed ordered to dispense
ecstasy pills.
Then, Both suspects asked by the
joint team of the National Narcotics Agency (BNN) with East Java Regional
Police to show the evidence of storage for dispensing ecstasy pills. Ecstasy
factories owned by Hengky expected to produce one million ecstasy pills.
Moreover, Surabaya District Court
sentenced him to 15 years in prison for Hengky which is then compounded by the
appeal to the High Court Surabaya for 18 years in prison. On appeal the
punishment maximized to death penalty. The death penalty imposed by Iskandar
Kamil, Prof. Komariah Emong Sapardjaja and Prof. Dr. Kaimuddin Salle.
But the death penalty was annuled
by the Supreme Court in a PK decision dated August 16, 2011. Hengky Gunawan's
appeal was granted by the judge. The panel of judges in the Supreme Court
chaired Imron Anwari with the members Achmad Yamanie and Nyak Pha granted to
review (Peninjauan Kembali) petitioned by offender of drug cases, Hengky
Gunawan. The reasons of the Supreme Court granted the petitioned by offender of
drug cases, Hengky Gunawan is the consideration that the death penalty contrary
to Article 28 Paragraph 1 of the 1945 Constitution and violated Article 4 of
Law No. 39 Year 1999 on Human Rights.
Law
that Arranging the Case
Act
No. 35 year 2009 of Narcotic, stated that
Article 112
(1) Any person who without
right or unlawfully possess, store, control, or provide Narcotics Group I not
plant shall be punished with imprisonment of 4 (four) years and a maximum of 12
(twelve) years and a minimum fine Rp 800.000.000 (eight hundred million rupiah)
and a maximum of Rp 8.000.000.000 (eight billion rupiah).
Article 113
(1) Any person who without
right or unlawful to produce, import, export, or distribute Narcotics Group I,
shall be punished with imprisonment of 5 (five) years and a maximum of 15
(fifteen) years and a minimum fine of Rp 1.000.000.000 (one billion rupiah) and
a maximum of Rp 10.000.000.000 (ten billion rupiah).
Article 114
(1) Any person who without
right or unlawfully offering for sale, selling, buying, receiving, brokered the
sale, exchange, or give Narcotics Group I, shall be punished with imprisonment
for life or imprisonment for 5 (five) years and a maximum of 20 (twenty) years
and a minimum fine of Rp 1.000.000.000 (one billion rupiah) and a maximum of Rp
10.000.000.000 (ten billion rupiah).
Article 115
(1) Any person who without
right or unlawful carry, transfer, transport, or transit Narcotics Group I,
shall be punished with imprisonment of 4 (four) years and a maximum of 12
(twelve) years and a minimum fine of Rp 800.000.000 (eight hundred million
rupiah) and a maximum of Rp 8.000.000.000 (eight billion rupiah).
0 komentar :
Post a Comment