Accuses US Citizens Of Paying Police In WA Gili Mom's Group, Women In Lombok Sentenced To 10 Months In Prison

The panel of judges at the Mataram District Court, West Nusa Tenggara handed down a guilty verdict to a woman named Markiani for insulting or defamation of other people via a closed WhatsApp chat group.

"Declaring that the defendant Markiani is proven legally and convincingly guilty of committing a criminal act intentionally and without the right to distribute electronic information that has the content of defamation as stated in the sole indictment of the public prosecutor," said Lalu Moh. Sandi Iramaya, chairman of the panel of judges while reading Markiani's decision in Mataram, Thursday, June 12, reported by ANTARA.

The public prosecutor's single indictment relates to Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of the Republic of Indonesia Law Number 19 of 2016 concerning Electronic Information and Transactions (ITE).

The panel of judges sentenced him to 10 months in prison and a fine of Rp. 10 million, subsidiary to 2 months in prison.

The judge also determined that the defendant, who was previously a city prisoner, should be detained.

"Ordered the defendant to be detained," he said.

The judge also ordered that the evidence of the case confiscated from the defendant in the form of XL's first card be confiscated to be destroyed and the defendant's cellphone confiscated for the state.

This judge's decision is in accordance with the prosecutor's demands, which previously requested that the defendant be sentenced to 10 months in prison and a fine of Rp. 10 million. The difference is only in the time of imprisonment to replace the fine for 3 months.

In the description of the indictment, the panel of judges conveyed the aggravating and mitigating considerations of the defendant. For incriminating matters related to the attitude of the defendant who did not honestly admit his actions.

"The mitigating thing is that the defendant has never been convicted and has economic responsibility for three children and their parents," said the judge.

This act of insult or defamation was carried out by the defendant in a closed WhatsApp chat group called Gili Mom's Group Chat consisting of 42 women in the Gili Trawangan area, North Lombok Regency.

The insult uploaded by the defendant in the July 2023 period was addressed to the reporter in this case named Brendan Edward Muir, a resident from the United States.

However, the reporter in this case did not become part of the closed WhatsApp chat group member.

The sentence, which was declared by the judge, was proven to be charged with insults and defamation using English with the quote saying "Brendan has paid the police to arrest me".

Regarding the defendant's actions, he fulfilled the elements of transmitting or distributing electronic information containing insults or defamation related to the sentence that said "I will forward this message to a closed WhatsApp chat group from my husband's WhatsApp message".

The judge stated that this had fulfilled the element of violation in the public prosecutor's single indictment because the closed WhatsApp chat group consisting of 42 people was part of the public.

"That the defendant's act of forwarding the message to Gili Mom's Group Chat clearly fulfills the elements of distributing, transmitting so that it can be accessed and read by group members. The number of 42 members of this group meets the criteria of many people," he said.

Regarding the defendant's statement that the message was made and sent by her husband, James Edward, who is also a citizen of the United States using the defendant's cellphone, it was declared not proven in the facts of the trial.

After the verdict was read, the judge gave the public prosecutor and the defendant seven days to file further legal remedies.