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12 year-old girl in court on trafficking charges while sex offender free

Source
Jakarta Globe - September 19, 2011

Amir Tejo, Surabaya – Caught up in a child trafficking case, Mawar, a young girl just out of elementary school, was locked up for three months in Medaeng Surabaya jail.

Despite her tender age, Mawar was sent to Medaeng, an adult prison. As a result, she couldn't continue to go to school, and began to suffer serious depression.

"As hard as we tried, our requests for bail were denied, even though I offered myself as guarantor," said Robert Panggabean, 12-year-old Mawar's lawyer.

Finally, at her fourth hearing held on Monday afternoon, Bambang Kusnandar, the lone judge hearing her case, agreed to release Mawar on bail. She was able to return to live with her uncle, but not until she had suffered months of traumatic incarceration.

"The judge granted our bail request so that Mawar could return to her lessons in junior high school," Robert said.

Mawar was arrested by police on July 21 at the security post of the Palem Home Stay. According to police statements, she was waiting for her friend, Melati, who was on a date with a male sex customer.

"Based on the testimony of witnesses in the trial, it was Mawar who arranged for Melati to have sex with the man and also set the price for the transaction. She can be charged under the Human Trafficking Crimes law," said Ika Maulidhina, the public prosecutor.

According to Mawar's lawyer, however, the prosecutor's indictment does not make sense, because Mawar was only accompanying Melati. According to Robert, it is inconceivable that such a young child could serve as a pimp.

"Mawar is just 12 years old, while Melati, considered by the police to be the victim, is 16. How could such a young girl be selling a girl older than herself?" Robert asked the court.

Furthermore, according to Robert, there is something odd about the case. Police are still searching for Brian, the man accused of having sex with Melati. But Mawar and Melati say they saw Brian arrested at the same time as themselves.

"This is strange, no? They say they saw the man arrested, but now the police say he's still at large," Robert said.

Mawar's story paints a gloomy picture of children living without sufficient parental supervision. Mawar and Melati were playmates who met around two months ago. At that time, the 12-year-old Mawar already lived on her own. When she was evicted from her house, she rented a room with Melati.

Melati, meanwhile, had already been abandoned by her father, who remarried after her mother died in 2009. At the time they met, Melati lived with her older sibling, and was supported by her uncle.

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