Reporters Of Alleged Corruption Cannot Be Reported Back, This Is The Explanation Of Legal Experts From UGM

JAKARTA - Gajah Mada University criminal law expert Muhammad Fatahillah Akbar said that the complainant of an alleged corruption case could not be reported back on charges of defamation.

This was in response to the Secretary General of the United State-Owned Enterprises FSP Tri Sasono who reported the Coordinator of the Indonesian Law Concern Student Alliance (AMPHI) Jhones Brayen and the Director of CORE, Mohammad Faisal regarding the spread of fake news about PT BG Bad Loans at BNI Bank to the Police Criminal Investigation Department.

"In the Joint Decree (SKB) Guidelines for the Implementation of the ITE Law, the report cannot be prosecuted for pollution or slander, the main report must first be processed," Akbar said in his statement, Monday, July 4.

According to him, the regulation was also confirmed by the existence of a Memorandum of Understanding (MOU) between the Corruption Eradication Commission (KPK) and the National Police.

"If the intention is slander, then it can be processed, it must be proven according to the knowledge of the reporter," he continued.

He added that law enforcement officers should first process the main report, which is related to allegations of corruption. He also emphasized that even if the complainant used the word 'allegedly', it could not be reported.

"That's right, obviously you can't. Moreover, the Corruption Law protects whistleblowers. The main focus is to prove the report (whether there is an element of alleged corruption or not), not to report it back," he said.

Furthermore, Akbar also said that in the KPK and Polri SKB and interpretation of Article 310 of the Criminal Code, the honor being attacked must be individual, not institutional.

"It can't be (reported) especially if it's for the public interest, then it can't be considered defamation, Article 310 paragraph 3," he said.

He further emphasized that the Federation of State-Owned Workers Union should encourage BNI management to provide clarification before the Attorney General's Office investigators and not report parties who want allegations of irregularities in credit distribution to be made clear.

It is known that the United State-Owned Enterprises Federation of Workers Union reported the alleged spread of fake news or hoaxes related to the alleged bad credit of the coal company PT BG in South Sumatra at Bank Negara Indonesia (BNI)

Reports related to the alleged defamation and upheaval of the national economy will be carried out at the Criminal Investigation Unit of the National Police Headquarters, on Tuesday 5 July 2022.

Previously, the Indonesian Law Student Alliance (AMPHI) had reported the alleged case to the Attorney General's Office on Monday, June 13, 2022.