Haris Azhar-Fatia Session, Judge: The Word 'Obviously' To Luhut Is Not An Insult

The panel of judges concluded that the words'way' used by Haris Azhar and Fatia Maulidiyanty against the Coordinating Minister for Maritime Affairs and Investment (Menko Marves) Luhut Binsar Pandjaitan was not aimed at insulting or defaming.

In this case, the panel of judges sentenced Haris Azhar and Fatia to innocence.

"The panel of judges assessed that Lord's word to witness Luhut Binsar Pandjaitan was not meant as an insult or defamation," said Judge Muhammad Djohan Arifin during a trial at the East Jakarta District Court, Monday, January 8.

The judge continued, 'Obviously' is one of the vocabulary from English in the sense of His Majesty. Where, the word is a term for people who have the authority, control, or power over other parties, as leaders or employers or rulers.

The panel of judges also considered that Luhut's mention to Luhut was not shown to personally. But to his position as a minister in the cabinet of President Joko Widodo or Jokowi.

Moreover, Luhut received a lot of trust from Jokowi, such as a person who is responsible for the COVID-19 emergency sector.

"The wordition does not describe bad or bad connotations or insults to a person's physical or psychological state but refers to the status or position of someone associated with his position," said Judge Djohan.

Haris Azhar and Fatia Maulidiyanty were acquitted in the defamation case against Luhut Binsar Pandjaitan. This is because both of them are considered not legally and convincingly proven to have committed the crime charged by the public prosecutor.

"Declaring that the defendant Haris Azhar (and Fatia Maulidiyanty) are not legally and convincingly proven guilty of committing a criminal act as charged by the public prosecutor in the first indictment, the second primary indictment, the second subsidiary indictment and the third indictment," said Judge Cokorda.

Previously, the prosecutor demanded that Haris Azhar be sentenced to 4 years in prison in the case. Meanwhile, Fatia was sentenced to 3.5 years in prison.

In their demands, the prosecutor believed that Haris and Fatia violated Article 27 paragraph 3 in conjunction with Article 45 paragraph 3 of the ITE Law in conjunction with Article 55 paragraph 1 of the Criminal Code.