Remember The Jumhur Hidayat Case? Now The Matter Has Entered The Conference
JAKARTA - The Panel of Judges at the South Jakarta District Court (PN) has postponed the trial for the case of spreading false news against the defendant Jumhur Hidayat.
This is because the public prosecutor (JPU) was unable to present the high-ranking Coalition for the Action to Save Indonesia (US) in the courtroom.
"We will continue (the trial) on Monday, April 5, and in order for it to run effectively before that, please coordinate (between the public prosecutor and legal advisers regarding the trial mechanism, ed)," said Chief Judge Agus Widodo at the South Jakarta District Court, reported by Antara, Monday, March 29.
The Panel of Judges decided to postpone the proceedings because the legal advisory team against Jumhur was not present in person, as mutually agreed upon at the hearing last Thursday, March 25.
The Panel of Judges at the previous trial had also ordered the public prosecutor to present Jumhur in the courtroom.
However, the public prosecutor argued that his party could not bring Jumhur because there was a risk of spreading COVID-19 in the courtroom.
The prosecutor also emphasized that his party was not trying to obstruct the proceedings of the trial.
Therefore, Jumhur also attended the trial from the detention center at the Indonesian Police Criminal Investigation Agency (Rutan Bareskrim Polri).
However, the prosecutor's argument was not acceptable to the legal team. According to Jumhur's lawyer, his client's presence at the trial was a matter of waiting for permission from the prosecutor's office.
"A week ago, I also communicated with Bareskrim. There is no obstacle to expelling the defendant, as long as there is a letter from the prosecutor. At this trial, we again questioned whether there was a letter from the public prosecutor, ”said one of Jumhur's legal advisers, Oky Wiratama during the trial.
He continued to emphasize that the trial which took place on Monday (29/3) also had the risk of becoming a place for the spread of COVID-19 so that the presence or absence of Jumhur was not the main factor that prevented the defendant from being presented to the courtroom.
"This trial (must respect) the rights of the defendant," said the attorney to the public prosecutor and the Panel of Judges.
Regarding the debate, the Panel of Judges also reminded the prosecutors that they had to send an official letter stating the reasons for not being able to bring Jumhur to the courtroom. The reason is, the prosecutor only delivered verbally so that both the legal advisor and the Panel of Judges could not formally respond to this reason.
He also asked the prosecutor if he could not present the defendant at the next trial so that he could send an official letter to the Panel of Judges and the legal advisor team so that Jumhur's lawyer could send an objection letter and later the judge would decide how the trial would proceed.
On that occasion, the judge offered a solution if the defendant could not be presented, so some of the prosecutors and the legal team joined the trial at Bareskrim with the defendant in order to facilitate coordination and consultation sessions.
"If the defendant cannot be presented at trial later, the solution for some of the legal advisers and the prosecutor is at the defendant's place. That is (one) solution, ”said the Panel of Judges.
The judge also reminded the prosecutors and their attorneys not to waste time because there are still many examination agendas to be passed in the trial.
Jumhur Hidayat was charged by the prosecutor with intentionally and without the right to spread false news that caused chaos. Jumhur, according to prosecutors, spread the hoax via his personal Twitter account.
Jumhur was also charged with two alternative articles, namely Article 14 paragraph (1) in conjunction with Article 15 of Law Number 1 of 1946 of the Criminal Code or Article 45A paragraph (2) in conjunction with Article 28 paragraph (2) of Law No. .11 / 2008 concerning Electronic Information and Transactions.