Analysis of the Murder Case of Angeline

Firahmania Salisa Khilda (rahmasalisa515@students.unnes.ac.id)

Rut Rusdiana Intan Nuraini (rutrusdiana@students.unnes.ac.id)

Abstract

Angeline's murder was one of the most viral murders of her time.
Angeline is a child from the city of Denpansar, Bali who experienced child abuse
which ended in death at the age of 8 years. This murder occurred because
Angeline's adoptive mother wanted the inheritance that Angeline got. If Angelina
dies, the inheritance will go to Margaret.

The head of the panel of judges, Edward Harris Sinaga, said that Margriet
was sentenced for violating Article 340 of the Criminal Code on premeditated
murder. Margreth was declared to have violated Article 76i in conjunction with
Article 88 of the Republic of Indonesia Law Number 35 of 2014 concerning Child
Protection. Regarding Angeline's murder, there are many journals that appear
and discuss Angeline's problems, from her murder, violence, human rights, child
adoption, and others.

Margareta's premeditated murder was quite sadistic, where an adoptive

mother tortured her child by beating and banging the head of an eight year old
child to death. With the motive of wanting to control the inheritance left by
Angeline's father. In the end he and his right hand were sentenced to life in
prison and his right hand was sentenced to ten years in prison. From this case, it
gave a pretty good impact for the community to be smarter in nurturing and
educating their children, it also gave a good impact for the government to
continue to strive for guaranteed child protection for children in Indonesia.
 A. INTRODUCTION
There are many criminal acts in Indonesia. Based on the results of the crime
rate survey1, Indonesia is ranked fourth in Asean. In addition, BPS data shows
that the number of criminal cases in Indonesia is increasing from year to year.

According to Reksohadiprodjo and Karseno (1985) 2, one of the criminal

groups or crimes is a group of crimes against personal rights such as murder and
persecution. Murder3 is the behavior of a person or group of people that results
in the loss of another person's life. Murder incidents are motivated by various
reasons, so that someone plans, decides and executes the murder of another
person. When a person has been a victim of murder, it is certain that he has
experienced death.

One of the murder cases that has been widely publicized is the murder of a
small child named Angeline Megawe. Angeline's murder was carried out by the
closest people to Angeline, namely her own adoptive mother and former maid.
Since childhood, Angeline's biological parents were entrusted to Margareth,
Angeline's adoptive mother. It is suspected that the perpetrators of killing
Angeline were due to inheritance. Because, if Angeline dies, the right of
inheritance belongs to her adoptive mother's family.

The chronology of the angeline murder case is suspected because angeline

disappeared. On May 16, 2015, Angeline's neighbors saw that Angeline's house
was locked which means only the people of the house know her last
whereabouts. The next day, Angeline's adoptive sister, Christina and Ivon
announced her loss on Facebook social media entitled “Find Angeline Bali's
Missing Child”. They put up Angeline's photo and invited the public, artists, and
even officials to join in the search for Angeline's whereabouts. Three days after
his disappearance on May 18, 2015, the family reported it to the police. The
police immediately examined several witnesses, namely Margareth (angeline's

1 HAPSARI, Dita Prima Tri; WIDODO, Edy. Pengelompokan Daerah Rawan Kriminalitas di
Indonesia Menggunakan Analisis K-Means Clustering. In: Prosiding SI MaNIs (Seminar Nasional
Integrasi Matematika dan Nilai-Nilai Islami). 2017. p. 147.
2 HARDIANTO, Florentius Nugro. Analisis Faktor-Faktor yang Mempengaruhi Tingkat

Kriminalitas di Indonesia dari Pendekatan Ekonomi. Bina Ekonomi, 2009, 13.2.

3DARIYO, Agoes. Mengapa Seseorang Mau Menjadi Pembunuh. Jurnal Penelitian Psikologi, 2013,
4.1
adoptive mother), Antonius (a maid and house keeper), and Margareth's rented
resident named Susiana. Police expanded their search for Angeline and searched
Margaret's house three times. However, the first and second checks are always
blocked by the homeowner.

On 24 May 2015, the head of Komnas PA Arist Merdeka Sirait visited

Margaret's house at night. According to Arist, the house is unfit for habitation
because it is dirty, messy, and smells of animal waste. In the bedroom, Arist
smelled a rancid smell that was different from the smell of animal dung. Arist
immediately reported the suspicion to the police. Minister of State Apparatus
Empowerment and Bureaucratic Reform, Yuddy Chrisnandi and Minister of
Women's Empowerment and Child Protection, Yohana Yembise visited
Margareth's house on different occasions. However, their arrival was rejected by
Angelina's family. Yohana then went to her school. Yohana asked the police to
check the victim's house.

On June 9 2015, the teacher of SD Negeri 12 Sanur Bali, Angeline's school,

held a prayer in front of the Batu Bolong Deviation Temple, in front of Angeline's
house. Offerings are held to ask the paranormal for guidance. The paranormal
results said that angeline was still around the house. Exactly on June 10, 2015,
Angeline was found by the police buried as deep as half a meter in the yard of
Margareth's house, lifeless. He was buried in bed sheets and ropes fully clothed
and hugging a doll.

The forensic unit of the Sanglah Central General Hospital (RSUP) Denpasar,
which examined Angeline's body, stated that the victim had died about 3 weeks,
which means that she was reported to have been kidnapped. There were bruises
on his head, face and cigarette burns on his back. There may have been previous
torture by the perpetrator. There was also a trace of a rope wound around
Angeline's neck.

On the day Angeline's body was found, the then Bali Police Chief, Inspector
General of Police Ronny Sompie, stated that he had arrested Agus, Margriet's
former assistant. This man is said to have confessed to killing and molesting the
victim. However, a number of child protection agencies, groups of lawyers
continue to press the Kapolda to find the real killer. On June 18, Haposan
Sihombing, a lawyer appointed by the police accompanied the suspect. Agus
conveyed surprising information. Agus accused Margreth of being the
perpetrator. Agus admitted that he was threatened and promised some money if
he confessed. A series of examinations using a lie test was also carried out
during the examination of Agus and Margreth, who were also named suspects.

The author is interested in discussing the case of Angeline's murder because

there are problems related to the relationship between parents and children,
abuse, and because her parents killed only because of inheritance. Angeline's
murder case is a murder case that seems to have been planned by her adoptive
mother. This is also interesting because the preparation of the plan carried out
by Angeline's adoptive mother was good and was temporarily covered.

B. RELATED STUDIES

The case of Angeline's murder gave rise to many articles and journals
discussing this case. The discussion of articles and journals that appear varies.
Some discussed the perspective of parents, juridical analysis of the premeditated
murder law, and so on.

The case of Angeline's murder by her adoptive mother gave rise to a

discussion in the journal, the first of which was about Parents' Perceptions of
Reporting in the Media About the Rise of Child Violence Cases .4 clothes and
cardboard are fastened from the outside. This is because of the violence
committed by his adoptive parents. Many parents think violence against children
is a natural thing, they think violence is part of disciplining children. They forget
that parents are the most responsible people in seeking welfare, protection,
increasing survival, and optimizing the growth and development of their
children. As stated in article 1 number (2) General Provisions of Law Number 23
of 2002 concerning Child Protection, child protection is all activities that
guarantee and protect children and their rights so that they can live, grow and
develop and participate optimally according to their dignity. and human dignity,
and receive protection from violence and discrimination.

4AFANDI, Idris Suma; YANZI, Hermi; NURMALISA, Yunisca. Persepsi Orangtua Terhadap
Pemberitaan Di Media Tentang Maraknya Kasus Kekerasan Anak. Jurnal Kultur Demokrasi, 2016,
4.3.
 The second journal is still on the topic of violence, namely Reviewing Cases of
Violence Against Children by Their Parents From a Criminological View 5. Unlike
the first, this journal reviews from a criminological perspective. The case that
happened to Angeline shows that the family and school environment have not
made children safe and comfortable, so children are vulnerable to being victims
of violence by their own parents. Criminology itself is not something to do crime,
but to deal with the occurrence of crime. Efforts to deal with violence against
children as experienced by Angeline can be in the form of prevention, developing
an integrated child protection mechanism and system, eliminating child labor,
increasing spiritual development or improving religious services to the
community, and if you see a neighbor's child or someone else's child being
abused, immediately reprimand or report to the authorities.

Third, there is a journal that discusses the Law of Adoption of Children

Through the Deed of Recognition of Adoption made by a Notary6. It is known that
Angeline is Margareth's adopted child. Margareth made an agreement on the
appointment of Angeline before a Notary together with Angeline's biological
parents. Angeline's biological parents gave custody of Angeline to Margareith on
the grounds that Angeline's life would be better because her biological parents
could not afford to pay for Angeline's life. In front of the Notary Margareith
asked to make a black and white agreement so that the Deed of acknowledgment
of adoption No. 18 dated May 24, 2007 was born. The Notary had explained to
Margareith and Angeline's parents that the adoption had to be done in court but
Margareith admitted that this was only an agreement between himself and
Angelina's biological parents only.

Fourth, there are journals that discuss about Adoption of Indonesian Citizen
Children by Adoptive Parents in Mixed Marriages in Indonesia (Case Study:
Adoption in the Case of Angeline in Bali)7. Unlike the previous journal, this journal

5SULISRUDATIN, Nunuk. Meninjau Kasus Kekerasan Terhadap Anak Oleh Orangtuanya Dari Segi
Kriminologis. JURNAL MITRA MANAJEMEN, 2020, 8.1.

6ANGGRIAWAN, Teddy Prima. Hukum Pengangkatan Anak Melalui Akta Pengakuan

Pengangkatan Anak Yang Dibuat Oleh Notaris. Widya Pranata Hukum: Jurnal Kajian dan
Penelitian Hukum, 2021, 3.1: 1-14.

7YUNANTO, Herni Widanarti; PUTRI, Raesa Astiti. Pengangkatan Anak Warga Negara Indonesia
oleh Orang Tua Angkat dalam Perkawinan Campuran di Indonesa (Studi Kasus: Pengangkatan
dalam Kasus Angeline di Bali). Diponegoro Law Review, 2016, 5.2: 19050.
focuses more on Angeline's adoptive parents who are in mixed marriages. The
prospective adoptive parents are Douglas B Scarborough, an American citizen,
and Margreth Megawe, an Indonesian citizen of Chinese descent, both of whom
are Christians. Thus, according to Edy Suharto, Directorate of Child Social
Welfare at the Indonesian Ministry of Social Affairs, the appointment or adoption
in the case of Angeline's appointment is illegal, according to the existing
evidence. The adoption of the child is considered null and void. So that the
adoption of a child is considered to have never happened, so that the
relationships that arise are also deleted.

Fifth, there are journals that discuss the Settlement of Crime Cases of Serious
Human Rights Violations in Indonesia8. In this case, the human rights violations
committed by his adoptive mother are unforgivable, from a humanitarian point
of view, it is truly an inhumane act. Of course this is a human rights violation
against Angelina. The judge's decision against Margareta was very appropriate
and appropriate for Angeline's actions. The Settlement of Human Rights
Violations against Angeline's case shows that law enforcement in Indonesia
regarding this one case is going well.

The sixth journal discusses theon the Juridical StudyPower of Proving Expert
Opinions in the Criminal Examination Process (Decision Study Number: 863/Pid.
B/2015/PN Dps)9. The relationship with the Angeline murder case is the
handling of the criminal case of child murder with the victim Angeline in 2015
and then using many expert opinions in the settlement of the trial. The
defendant Margriet Kristina Megawe, who is Angeline's adoptive parent, was
proven to have committed premeditated murder assisted by Agustay Handa May
who was a domestic worker at Margriet's house. Based on the testimony of a
nutritionist, dr. Ida Bagus Putu Alit, Angeline died in an empty stomach and
malnourished which violated Law Number 35 of 2014 concerning Child
Protection. As a result of the defendant's many crimes against the victim,
Margriet was sentenced to life imprisonment.

8SIMBOLON, Alum. PENYELESAIAN KASUS KEJAHATAN PELANGGARAN HAK ASASI MANUSIA

BERAT DI INDONESIA. Law Pro Justitia, 2019, 2.2.

9NURBAEDAH, Nurbaedah, et al. Kajian Yuridis Tentang Kekuatan Pembuktian Pendapat Ahli
dalam Proses Pemeriksaan Pidana (Studi Putusan Nomor: 863/Pid. B/2015/PN Dps). Diversi,
3.2: 201-217.
 Finally, seventh, there is a journal regarding Criminal Disparity in Judges'
Decisions at the Semarang District Court Against the Crime of Murder10. Margriet
Megawe, who is Angeline Megawe's adoptive mother, was sentenced to life while
her household assistant, Agus Tay Handa May, was sentenced to 10 years in
prison. This difference in punishment is of course taken into account by the
judge. This is justified as long as it has a basic reason. Because the judge has the
freedom to decide the case at his trial. If he is found guilty or not, convicted or
not, how long his sentence is, it goes back to the judge who decides the case with
all his considerations.

The journals listed above have different discussions on the same topic. The
essence of the differences in the discussion of these journals is as follows.

1. The journal is the first to review adoptive parents who abuse and abuse
Angeline.

2. The second journal is the same about violence but in terms of

criminology or crime.

3. The third journal reviews the issue of the adoption of Angeline as an

adopted child.

4. The fourth journal reviews the adoption of Angeline as an illegitimate

and illegal adopted child.

5. The fifth journal is about human rights violations committed by

Angeline's adoptive mother and the legal settlement.

6. The sixth journal on juridical analysis which explains the criminal

process of Margareth and Agustay.

7. The seventh journal reviews the differences in the sentences imposed on

Margaret and Agustay.

C. THEORETICAL REVIEW

10BHAKTI, Rizky Atswari; PUTRAJAYA, Nyoman Serikat; PUJIYONO, Pujiyono. Disparitas Pidana
Dalam Putusan Hakim Di Pengadilan Negeri Semarang Terhadap Tindak Pidana Pembunuhan.
Diponegoro Law Journal, 2017, 6.4: 1-18.
 Viewed from human action which is an experience experienced by the
human person himself. There are two theories of human action, namely the
theory of Action of Human Being (Actus Hominus) and the theory of Human
Action (Actus Humanus).

Theory of Action of Human Being ( Actus Hominus )11 is an action or human

behavior based on the physical that is visible to the direct eye. These actions are
human behavior or activities.murder case based on Angeline'sActus Hominus,
there are parties who want to find the real culprit, like Hotman Paris. Hotman
Paris helps Agus to find evidence so that the real killer of Angeline is revealed.

Theory of Human Action (Actus Humanus)12 is a human action based on the

rationality and awareness of the perpetrator of the act, so it can be said that
actus humanus is a condition of one's moral actions. Based on the actus humanus
of Angeline's murder case, her adoptive mother acted freely to commit the crime
of murder and even ordered her assistant to help carry out the crime. Angeline's
adoptive mother knew that what she did was wrong, but she did it anyway. He
did this because there was a hidden desire, namely the inheritance given by his
husband to Angeline.

In this case, many laws can be used to analyze it. Because the problem of
Angeline's murder case is not only in the form of murder, but abuse, lies, and
violence against children. The following is the law relating to the Angeline
murder case:

1. Article 340 of the Criminal Code13 reads, whoever deliberately and

with a premeditated plan to take another person's life, is threatened with
the death penalty or imprisonment for life or for a certain period of time,
a maximum of 20 years as stated in the Central Jakarta District Court
Decision Number 777/Pid.B/2016/ PN.JKT.PST 2016.

11AERTSEN, Jan A. Thomas Aquinas on the Good: The Relation between Metaphysics and Ethics.
Cornell University Press, 2018.

12MORAL, Tugas Matakuliah Filsafat. KASUS PEMBUNUHAN SATU KELUARGA DITINJAU DARI
TEORI ACTUS HUMANUS.

13YUSEFIN, Vinca Fransisca; CHALIL, Sri Mulyati. Penggunaan Lie Detector (Alat Pendeteksi
Kebohongan) dalam Proses Penyidikan Terhadap Tindak Pidana Dihubungkan dengan Undang-
Undang Nomor 8 Tahun 1981 tentang Kitab Undang-Undang Hukum Acara Pidana. Wacana
Paramarta: Jurnal Ilmu Hukum, 2018, 17.2: 71-82.
 2. Article 56 of the Criminal Code contains about convicted of being a
accomplice to a crime: those who intentionally provided assistance at the
time the crime was committed; those who deliberately provide
opportunities, means or information to commit crimes.
3. Article 351 states that: (1) Persecution is punishable by a maximum
imprisonment of two years and eight months or a maximum fine of three
hundred rupiahs. (2) If the act results in serious injury, the guilty person
shall be subject to a maximum imprisonment of five years. (3) If it results
in death, a maximum imprisonment of seven years is imposed. (4) With
persecution is equated with deliberately damaging health. (5) Attempt to
commit this crime is not punishable.
4. Article 181 of the Criminal Code concerning participation in the burial
of the victim's body.
5. Article 1 number 14 of the Criminal Procedure Code which reads that
a suspect is a person who because of his actions or circumstances based
on preliminary evidence should be suspected as a criminal act.
6. Article 184 paragraph (1) Jo. Article 1 number 26 jo. Article 1 number 27
jo. Article 1 number 28 jo. Article 187 of the Criminal Procedure Code, the
evidence that can be obtained at the investigation level is only witness
statements, expert statements and letters (which means that at the
investigation level there is no evidence of the defendant's statements and
instructions).
7. Child Protection Law Number 23 of 2002 which was amended to Law
Number 35 of 2014. perpetrators of physical violence against children,
are threatened with a sentence of 5-15 years in prison plus a third of the
sentence and a fine of IDR 5 billion.

In the end the judge's decision for the perpetrator of Angeline's murder,
Margreth Christina Megawe, was sentenced to life in court on Monday, February
29, 2016. The head of the panel of judges, Edward Harris Sinaga, said that
Margriet was sentenced for violating Article 340 of the Criminal Code regarding
premeditated murder.

Margreth was declared to have violated Article 76i in conjunction with

Article 88 of the Republic of Indonesia Law Number 35 of 2014 concerning Child
Protection. Third, violating Article 76b in conjunction with Article 77B of the
Republic of Indonesia Law Number 35 of 2014 concerning Child Protection.
Fourth, Article 76a letter a in conjunction with Article 77 of the Republic of
Indonesia Law Number 35 of 2014 concerning Child Protection.
 Margriet's life sentence was immediately applauded by all the court
attendees. The verdict is in accordance with the demands of the public
prosecutor. Margreth is considered to have committed an act of premeditated
murder. Not only that, Margreth exploited the economy and ordered children to
be involved in situations of abuse. Margareth was also accused of neglect and
discriminatory treatment of children which resulted in the child experiencing
material and moral losses, thus hampering his social function.

D. METHODE
The writing of this article uses a sociological juridical research method,
where the author compares various cases related to murder and violence against
children with the prevailing laws and regulations in Indonesia14. The cases that
the authors analyze come from online media in the form of existing articles and
journals. In this study, the author does not go directly to the field to see the facts,
but collects them from various documents. The expert opinions that the authors
get to support the various arguments in this study the authors get from previous
studies and books related to the issues that the authors raise.

The author also conducts an analysis using Microstructural Analysis

(Production Process): analyzing the text carefully and focused in order to obtain
data that can describe the representation of the text. And also in detail the
aspects that are pursued in this level of analysis are the outline or content of the
text, the location, attitudes and actions of the character and so on.
E. RESULT AND DISCUSSION
A case that caught the public's attention on Saturday, 16 May 2015
regarding the terrible human rights violations with the Angeline Murder in Bali.
The murder case of Engeline Margriet Megawe (Angeline) in Bali has captured
the attention of the public at home and abroad. This very sadistic murder finally
ended in the Denpasar District Court (PN).
• Chronology of Murders
1. During Life
Angeline is the daughter of Rosidik and Hamidah. He was adopted by
Margareta's family as a baby. Angeline's parents gave their child to Margareta
because they did not have the money to pay for the clinic fees.

14SETYANINGRUM, Ayu; ARIFIN, Ridwan. Analisis Upaya Perlindungan dan Pemulihan Terhadap
Korban Kekerasan dalam Rumah Tangga (KDRT) Khususnya Anak-Anak dan Perempuan. Jurnal
Ilmiah Muqoddimah: Jurnal Ilmu Sosial, Politik dan Hummanioramaniora, 2019, 3.1: 9-19.
 When Angeline was born, Rosidik's income at that time was only Rp.
30,000 per day. This Banyuwangi resident only works as a coolie. Meanwhile,
Hamidah's maternity cost at that time reached Rp. 600,000.
When it was in these difficult conditions, Margareta introduced
Angeline's parents through her boarding house neighbour. At that time,
Margareta promised to look after, and take good care of Angeline and they
believed.
2. Together with Margareta Margareta's
Promise to take good care of Angeline turned out to be denied. While at
Margareta's house, Angeline was treated like a little slave. He had to feed
Margareta's hundreds of farm chickens.
Before she finished feeding the chickens, Angeline was forbidden to eat
and left for school. This activity is done by Angeline every day before leaving for
school. For that, Angeline had to wake up since dawn. Not infrequently, Angeline
becomes a victim of Margareta's persecution if she is late in feeding the
chickens. Margareta then beats Angelina. Margareta also often grabbed
Angelina's long hair. This rude act Angeline received almost every day.
The second grade guardian of SDN 12 Sanur Putu Sri Wijayanti said,
every day Angeline looks wrinkled, her clothes are dirty, her hair is messy and
smells of chicken droppings. Because of that, he was often the one who crammed
it.
3. Angeline Missing
Before being found murdered by her own adoptive mother, Angeline (8)
reportedly disappeared from her home, Denpasar, Bali. The news of Angeline's
disappearance began to be reported, on Saturday, May 16, 2015.
When she disappeared, this beautiful little boy wore a long light blue
dress, yellow flip-flops, hair in a ponytail and a thin body.
Angeline was last seen playing in her front yard, on Jalan Sedap Malam.
Margareta's family initially built the opinion that Angelina was lost, carried away
by an unknown person.
The news of Angeline's disappearance was also spread to the social
network Facebook. However, when reporters confirmed this to the South
Denpasar Police Chief Kompol Nanang Prihasmoko, the news of Angeline's
disappearance was denied.
4. Found Dead
After news of Angeline's disappearance spread widely, the public's
attention was immediately drawn to the search for this poor boy. Police officers
were urged to harder search for Angeline's whereabouts.
 The officers' efforts finally paid off. Angeline was found on Wednesday,
June 10, 2015. When found, Angeline was dead. His body was apparently buried
with a Barbie doll at Margareta's house, Jalan Sedap Malam, Sanur, Denpasar.
Angeline's body was found by the Bali Police Joint Team consisting of the
East Denpasar Police and Denpasar Police behind the chicken coop, near a
banana tree in front of which there was a pile of garbage.
5. Sadistic Murder
Angeline's discovery had shocked the people of Bali. The boy who was
previously reported missing and kidnapped, turned out to be killed by
Margareta, his own adoptive mother.
According to the police who picked up Angeline's body, there were
scratches on her neck. Allegedly, Angeline was snared with a rope. The police
also found many bruises on the body of the class II student at SDN 12 Sanur.
Not only that, Angeline's head was also banged against the floor and
walls. This hard collision is what allegedly caused Angeline's death. After dying,
Angeline's corpse was even abused.
6. The Murderer
The discovery of Angeline's body was followed by the determination of
the murder suspect. The first suspect named by the police as a suspect was
Margareta's housemaid, Agus Tae Hamda May.
When the murder occurred, Agus had only been working with Margareta for a
week. The determination of this suspect was only known on Wednesday, June
10, 2015.

• Sentence Sentence for Perpetrator

Agus Tay Hamda May 25, was sentenced to 10 years in prison by the
Denpasar District Court, Monday, February 29 2016, in the case of the murder of
the little girl Angeline. "The defendant was found guilty of assisting the murder
to conceal the death of the victim's body," presiding judge Edward Harris said in
court.

The judge's verdict against the defendant was lower than that demanded by
the prosecutor, who demanded a sentence of 12 years and a fine of Rp. 1 billion,
subsidiary to 6 months in prison in the previous trial. The judge did not agree
with the article imposed by the public prosecutor. However, the judge ruled that
the defendant's actions violated Article 340 of the Criminal Code in conjunction
with Article 56 of the Criminal Code regarding assisting in premeditated murder
and Article 181 of the Criminal Code regarding participating in the burial of the
victim's body.

Things that ease the defendant's sentence because he regrets his actions, has
never been punished, is not complicated, reveals the facts of the real perpetrator
of the murder of the victim, and the defendant is still young. Hearing the judge's
decision, the defendant, who was accompanied by his legal adviser, Hotman
Paris Hutapea, expressed his thoughts on the decision.

MargaReta was sentenced to life imprisonment. "The defendant was found

guilty legally and convincingly of premeditated murder, economic exploitation of
children, and discriminatory treatment of children," said presiding judge
Edward Harris Sinaga.

The panel of judges stated that the defendant was proven to have violated
Article 340 of the Criminal Code regarding premeditated murder and Article 76 I
in conjunction with Article 88 of Law Number 35 of 2014 concerning child
protection. The judge also stated that he was proven to have violated Article 76
B in conjunction with Article 77 B of Law Number 35/2014 and Article 76 A
letter a in conjunction with Article 77 of Law Number 35/2014. The judge's
sentence is the same as the demands submitted by the public prosecutor's
team.15

• The violations that occurred in the Angeline case of

1. Premeditated Murder

Margareta and Agus were proven to have committed premeditated murder

where from the start Margareta had intended to kill Angeline by asking Agus for
help as her right hand. 16

15Kurniawan, H. (2016, February 29). Sindo News. Retrieved November 22, 2021, from Rentetan
Kasus Pembunuhan Angeline hingga Vonis Pengadilan:
https://daerah.sindonews.com/berita/1089180/174/rentetan-kasus-pembunuhan-angeline-
hingga-vonis-pengadilan

16Junita, N. (2015, December 21). Kabar24. Retrieved November 22, 2021, from Sidang Angeline:
Begini cara Margriet Bunuh Angeline:
https://kabar24.bisnis.com/read/20151221/367/503920/sidang-engeline-begini-cara-
margriet-bunuh-engeline
 On the day of the murder, Margareta intentionally hit the victim with her
bare hands. Margareta also hit the victim's head against the wall, causing the
victim to cry. Margareta called Agus and at that time Agus saw Margareta
holding the victim's hair, then he banged Angeline's head on the floor of her
room, causing her ears and nose to bleed fresh. The victim finally died and put it
in bed sheets and wrapped it with curtains. This was done by Agus.

Margareta even asked Agus to harass the victim's corpse first. At that
time Agus refused and preferred to run to his room and change his pants and
wash his hands.

Margareta also asked Agus to light a cigarette on Angeline's back, but

Agus refused Margareta's request. Finally Margareta did it herself. Margareta
and Agus covered their heads and tied the victim's feet. Finally, the victim's body
was buried in a hole behind the house which seemed to have been prepared by
Margareta, because it was only a small hole that was not too deep.

2. Child Violence

During her life, Angeline experienced various kinds of violence and

received many bruises on her body. Here it is known that Angeline experienced
two kinds of violence, namely physical and emotional violence.17

a. Physical Violence

Many victims experienced physical violence such as being grabbed.

beaten, beaten, and also slammed. What needs to be underlined is that
physical violence is different from the teachings of discipline. Violence is
unpredictable, without knowing what makes parents angry. The rules
that are emphasized are not clear, there are double standards, which
makes children seem to keep guessing what they should do.

b. Emotional Violence

The victim received emotional violence from the defendant, Margareta,

the defendant often scolded the victim and shouted at the victim loudly

17Prawira, A. E. (2015, June 13). Liputan6. Retrieved November 23, 2021, from Ada 2 Jenis
Kekerasan yang dialami Angeline: https://www.liputan6.com/health/read/2250748/ada-2-
jenis-kekerasan-yang-dialami-angeline
 for trivial matters. such as forgetting to feed the chickens or getting up
late.

But the reality is that we often do emotional violence without realizing it.
For example, criticizing children excessively, scolding, even harming
children's favorite animals. Emotional violence includes threats.

2. Violations of Human Rights

The adoption of children in the past has been denied. When the adoption was
carried out, Margareta said that she would care for and raise Angeline well, but
in reality she treated Angeline inhumanely until the end of Angeline's life. Of
course this is a human rights violation against Angelina.

The settlement of human rights violations against Angeline's case shows that
law enforcement in Indonesia for this one case is going well, it is to be grateful
that the honorable panel of judges can follow their decision so that justice can be
served against Angeline's suffering during her lifetime. 18A life sentence is very
appropriate for the perpetrators of human rights violations against Angeline's
life, the role of the Child Protection Commission, the Human Rights Commission,
the Lawyer really worked well together until a judge's decision in the Bali Court.

• Angeline's Murder Motives

During the investigation of Angeline's murder case, several motives were

found that underlie Margareta's premeditated murder of Angeline,19 who
incidentally was her own adopted son.

1. Inheritance motive is
Margriet'ssuspected of playing a role in Angeline's murder. So far, only Agus,
his assistant, has admitted to doing so. As for the motive, activist for the
Integrated Service Center for the Empowerment of Women and Children, Siti
Sapurah, strongly suspects inheritance.

18SIMBOLON, Alum. PENYELESAIAN KASUS KEJAHATAN PELANGGARAN HAK ASASI MANUSIA

BERAT DI INDONESIA. Law Pro Justitia, 2019, 2.2.

19Warsono, A. (2015, June 15). Tempo.co. Retrieved November 23, 2021, from Eksklusif: Motif
Warisan Dan Sayangnya Si Ayah pada Angeline:
https://nasional.tempo.co/read/674996/eksklusif-motif-warisan-dan-sayangnya-si-ayah-pada-
angeline/full&view=ok
 In the notarial deed of appointment of Angeline which was signed on May
24, 2007, there are two articles that explain the inheritance for a beautiful boy in
the deed.

The first is in Article 1, which explains that the second party, the family of
Margriet Christina Megawe, will make Angeline his heir in the future. Angeline
will be treated the same as Margriet's other children.

Then, in Article 2, it is stated that the first party, Hamidah's family -

Angeline's biological mother, relinquished all inheritance rights attached to the
child. And still in this article it is stated that if Angeline dies, the inheritance
rights will belong to the heirs of Margriet.

2. Beloved Father.

Based on documents obtained by Tempo, Angeline's name is listed on the

family card of Margriet CH Megawe in Jatimelati Village, Pondok Melati District,
Bekasi City. The family card includes Angeline's name as another family born in
2007. Her parents are Hamidah and Ach. Rosyidi

As for Margriet CH Megawe, who was born in 1955 in a KK as the head of the
family and a housewife. Another one is Cristina Telly as a child born in 1987.
Cristina's parents in the KK are Margriet and D. Scardordaugh. This family is
registered as a resident of RT 08 RW 04, Jatimelati Village, Pondok Melati
District, Bekasi City.

Margriet and Angeline often vacation in Bekasi. The father, who is said to be
named Douglas, is dead. A close relative of Margreit, Mikel, said that Angeline's
adoptive father was very fond of his adopted son. But he was reluctant to tell
more about Angeline because he was grieving.

• Sentence The defendant and the law

The defendant in themurder case Angeline, Margriet Christina Megawe, was

sentenced to life in prison on Monday, February 29, 2016. The head of the panel
of judges, Edward Harris Sinaga, said Margriet was sentenced for violating:

1. Article 340 of the Criminal Code on premeditated murder20. "Whoever

intentionally and premeditatedly kills another person's soul is punished,

20 Article 340 of the Criminal Code on premeditated murder

 for premeditated murder (moord), with a death sentence or life
imprisonment or a temporary prison term of twenty years".
2. Article 76i in conjunction with Article 88 of the Republic of Indonesia Law
Number 35 of 2014 concerning Child Protection21, namely "everyone is
prohibited from placing, allowing, doing, ordering to do, even
participating in economic and or sexual exploitation of children. The
perpetrators will be faced with a maximum sentence of 10 years and a
fine of up to 200 million rupiahs.”
3. Article 76b in conjunction with Article 77B of the Republic of Indonesia
Law Number 35 of 2014 concerning Child Protection22 states that
"Everyone is prohibited from placing, allowing, involving, ordering to
involve children in situations of mistreatment. and neglect." The
punishment for violators in Article 76 B is regulated in Article 77 B.
"Everyone who violates the provisions as referred to in Article 76B, shall
be sentenced to a maximum imprisonment of 5 (five) years and/or a
maximum fine of Rp. 100,000,000.00 (one hundred million). rupiah),"
reads Article 77 B.
4. Article 76a letter a in conjunction with Article 77 of the Republic of
Indonesia Law Number 35 of 2014 concerning Child Protection23 reads
"Everyone is prohibited from: a. treat the Child in a discriminatory
manner which results in the Child experiencing a loss, both materially
and morally, thus hampering his/her social function; or b. treat Children
with Disabilities in a discriminatory manner. "

• The Cause of Crimes:

Parents' arbitrary actions against children are often also caused by cultural
practices that live in most societies where these thoughts are in the form of a : 24

21 Indonesia Law Number 35 of 2014 concerning Child Protection

22 Indonesia Law Number 35 of 2014 concerning Child Protection

23 Indonesia Law Number 35 of 2014 concerning Child Protection

24Fentini Nugroho, Studi Eksploratif Mengenai Tindakan Kekerasan Terhadap Anak dalam
Keluarga. Dalam Jurnal Sosiologi “Masyarakat”, (Jakarta: Gramedia Pustaka Utama, 2002), hal.
41.
a. Child's status being despised, so that when a child cannot meet the
expectations of parents, parents feel the child should be punished.

b. Especially for boys, there is a value in society that boys shouldn't be

crybaby or boys should stand the test.

This understanding influences and makes parents when hitting, kicking, or

bullying children is a natural thing to make children as strong individuals and
not weak. In addition, the stress caused by various social conditions increases
the risk of violence against children in the family. Social conditions include:
unemployment, disease, condition poor housing, family size greater than the
average, the birth of a new baby, the disabled people at home and the death of a
family member

• Efforts Crime

Policy crime prevention or commonly referred to as "political criminal” can

cover a fairly broad scope. According to G. Peter Hoefnagels, crime prevention
efforts can be pursued by:

1. Application of criminal law (criminal law application)

2. Prevention without punishment
3. Influencing public views on crime and punishment through mass
media (influencing views of society on crime and
punishment/mass media).

In the distribution of GP. Hoefnagels mentioned above, the efforts referred

to in prevention without punishment and influencing public views on crime and
punishment through mass media (influencing views of society on crime and
punishment/mass media) can be included in the group of non-penal efforts.25

Efforts to prevent violence against children were also expressed by the

Minister of Women's Empowerment and Child Protection Yohana Yembise
where the way to tackle crime in the form of violence against children is that the
public must be more sensitive and care about acts of violence that occur in their
environment. The residents' concern for the safety and development of children
can prevent the recurrence of the Angeline murder case committed by those

25Lilik Mulyadi, Kapita Selekta Hukum Pidana Kriminologi Dan Viktimologi, (Jakarta: Djambatan,
2007), hal.11.
closest to him. “Residents, including the school, should be aware of the signs of
abuse that Angeline received. They should quickly report to the relevant
parties.26

F. CONCLUSION

Thus, it can be seen that from the case of Angeline's murder, many
violations were violated, both from violence, premeditated murder, and also
deprivation of Angeline's rights during her lifetime. The murder was motivated
by Margareta's desire to control Angeline's inheritance. In the end he and his
right hand were sentenced to life in prison and his right hand was sentenced to
ten years in prison. From this case, it has a pretty good impact for the
community to be smarter in nurturing and educating their children, it also has a
good impact for the government to continue to strive for guaranteed child
protection for children in Indonesia.

26Cornelius Eko Susanto, Tragedi Angeline, Publik Harus Peka Pada Tindak Kekerasan
Anak,www. Metrotvnews.com, (Jakarta,11 Juni 2015).
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