The Sentence is Much Lighter Than the Prosecutor's Demand of 12 Years in Prison, Here Are the Factors That Lightened Ammar Zoni's Punishment

Kapanlagi.com - Ammar Zoni was sentenced to three years in prison and fined Rp 1 billion in a drug abuse case. This sentence is much lighter compared to the 12-year prison demand previously submitted by the Public Prosecutor (JPU). The decision was based on several considerations presented by the Panel of Judges in the West Jakarta District Court.

During the trial, the Panel of Judges revealed that there were several factors that lightened the sentence for Ammar. One of the main reasons is Ammar's role as the breadwinner of the family. Additionally, Ammar's polite behavior during the legal process and his remorse over his actions were also important considerations in lightening the sentence.

"The mitigating circumstances for the Defendant include being the breadwinner, the Defendant's polite behavior, and the Defendant's remorse for his actions," said the Panel of Judges at the West Jakarta District Court on Monday (26/8/2024).

1. There Are Also Aggravating Factors

However, there are also several factors that aggravate Ammar Zoni's sentence. One of them is the fact that his actions are contrary to the government's efforts that are vigorously combating drug abuse. In addition, Ammar's track record of having been involved in a similar case a few years ago also serves as an aggravating consideration.

"What aggravates the defendant's actions is that they are contrary to the government that is actively fighting against narcotics. The defendant has been punished before," said the Panel of Judges.

2. Ammar Zoni Accepts the Decision

After hearing this decision, Ammar Zoni, through his attorney, Jhon Mathias, stated that he accepts the decision. Jhon mentioned that this decision takes into account the provisions in the Supreme Court Circular (SEMA) of 2023, which allows judges to exercise more discretion in certain drug cases.

"Yes, we accept it because the judge's consideration is based on article 114, which is indeed proven. However, the judge considered it with the Supreme Court Circular (SEMA) of 2023," he said.

3. Ammar Proven Not a Dealer

Jhon also explained that although Ammar Zoni was proven to have used drugs, the article used in the indictment does not indicate that Ammar is a dealer or seller of drugs. Ammar was only proven to be a user, even though the evidence found exceeded the provisions set out in SEMA.

"So what is proven here is that Ammar is a user for himself. But because he exceeded the SEMA, the evidence should have been below 1 gram, this is 2.5 grams, then 0.5 grams, so it exceeds SEMA number 10, which means there is a newer SEMA," said Jhon Mathias.

"If the act under Article 114 paragraph 1 of the narcotics law is proven, but he is not a dealer or seller, but a user, then the judge may not impose a sentence that corresponds to the threat in Article 114 paragraph 1. So, it can be below that," concluded Jhon Mathias.

(kpl/far/pit)