Up to 12 Years Possible, Yet Just 8 Months... Controversy Over Sentence for Korean Man in His 20s Who Raped Korean Woman in Indonesia

Prosecutors Sought 8 Years, but Court Sentenced Him to 8 Months
Victim Says, "They Didn't Even Conduct a DNA Test"
Local Women's Rights Body Also Stresses Victim Protection

Controversy has erupted after a local court sentenced a Korean man in his 20s to eight months in prison for raping a Korean woman at a popular resort in Indonesia. Prosecutors had sought an eight-year sentence, but the actual sentence was less than one-tenth of that. The victim has alleged a shoddy investigation and an excessively light punishment, while criticism has also emerged in Indonesia over sentencing standards for sexual violence crimes and the protection of victims.

A local court has sparked controversy by sentencing a Korean man in his 20s to eight months in prison for sexually assaulting a Korean woman at a popular resort in Indonesia. Pixabay

On November 9, Yonhap News Agency, citing Indonesia's state-run Antara News Agency and other sources, reported that the Mataram District Court in West Nusa Tenggara Province had sentenced a Korean man in his 20s, identified as Mr. A, to eight months in prison and a fine of 20 million rupiah (approximately 1.5 million won) on October 28. He had been charged with violating the law on sexual violence crimes. Mr. A had been brought to trial on suspicion of raping a Korean woman, identified as Ms. B, at an accommodation facility on Gili Trawangan Island, Indonesia, on April 11.

The two had first met at the same accommodation facility and reportedly had dinner together on the day of the incident. After Ms. B returned to her room, Mr. A entered through its unlocked door and committed the crime, according to the investigation. Shortly after the incident, the victim sought help from the Bali office of the Embassy of the Republic of Korea in Indonesia and then reported it to local police. Police worked with immigration authorities to restrict Mr. A from leaving the country and arrested him at Bali's Ngurah Rai International Airport on April 23, as he was preparing to return to Korea.

The local court found that Mr. A had violated Article 6(b) of Indonesia's 2022 Law No. 12 on Sexual Violence Crimes (UU TPKS). The provision allows for a maximum sentence of 12 years in prison or a fine of 300 million rupiah for committing physical sexual violence with the intent to place another person under unlawful control. However, the eight-month sentence imposed on Mr. A amounts to only about 8.3% of the eight years sought by prosecutors and about 5.6% of the statutory maximum of 12 years.

According to the local outlet Tirto, Nandang Sambas, a criminal law professor at Bandung Islamic University, said the gap between the sentence sought and the one imposed was excessively wide. He said the court's specific reasoning needed to be examined to assess whether the sentence was appropriate, while noting that the difference between the prosecutors' request for eight years and the court's eight-month sentence appeared unusual.

Prosecutors are considering whether to appeal. Ni Made Sabtini, the prosecutor handling the case, said she would report the ruling to her superiors before deciding whether to appeal.

Mr. A's lawyer is also leaving open the possibility of an appeal. According to local reports, the lawyer said they would respond if prosecutors appeal.

Mr. A has been in custody since April 23. If the ruling is finalized as is and the time already served is counted toward his sentence, he is expected to be released in December.

Victim Ms. B also expressed deep dissatisfaction with the response of local investigators. She told Yonhap News Agency that she cooperated with the investigation, undergoing questioning for more than 14 hours immediately after the incident without even being able to wash, but alleged that investigators did not conduct even a DNA test that could have provided key evidence. Local media reported that police had obtained CCTV footage, the victim's clothing, the defendant's shoes, and bedding stained with blood during the investigation. However, it has not been confirmed whether DNA testing was conducted on those items or what the specific findings were. Ms. B alleged that the court imposed a sentence significantly lighter than the one sought by prosecutors, citing factors including the defendant's youth and lack of prior convictions. She said she had suffered severe psychological distress since the incident, including being admitted to a psychiatric ward, and that her daily life had fallen apart.

Controversy over the ruling has continued in Indonesia as well. On October 30, Sri Agustini, a commissioner of Indonesia's National Commission on Violence Against Women, said in an interview with Tirto that justice in sexual violence cases should not be assessed solely by the sentence. She said it was a matter of serious concern if the harm suffered by victims and their need for recovery were not adequately considered. She also noted that foreign victims may face additional difficulties, including language barriers, limited information about local laws, and separation from their families.

This content was produced with the assistance of AI translation services.