Owners Of The Indonesian Children's Channel Podcast Sued 1 Year In Prison For Alleged Defamation

Court atmosphere/ Photo: IST

JAKARTA - The North Jakarta District Court Public Prosecutor's Team (JPU) charged the defendant Rudi Santoso MM alias Rudi S Kamri, owner and host of the YoutTube Canal Anak Bangsa podcast, one year in prison with a fine of Rp. 200 million. If the fine is not paid, then the sentence is increased by two months or a subsidiary of two months in prison.

"Based on the statements of witnesses, evidence, evidence, expert opinions and statements of the defendant revealed in the trial, it was revealed that the defendant's actions had been legally and convincingly proven guilty of violating the indictment of Article 45 of the ITE Law (Law) Jo. article 27, concerning the Electronic Information and Transaction Law (ITE)," said Public Prosecutor Reza RF in a statement received, Monday, November 24.

The Public Prosecutor appealed to the Panel of Judges led by Yusty Cinianus Radja who was accompanied by two member judges to punish the defendant Rudi S Kamri according to his actions.

The defendant Rudi's actions together with the defendant Hendra Lie in a separate file that had been sentenced to 10 months in prison by the Panel of Judges led by Yusty Cinianus Radja at the previous trial.

According to Reza, the defendant Rudi was proven guilty as the elements against the law were charged by the public prosecutor.

Rudi allegedly ordered, committed and participated in the act intentionally and without the right to disseminate information aimed at causing slander and defamation against victim Fredie Tan.

Reza said Rudi in a podcast together with witness Hendra committed a criminal act of defamation and hate speech through ITE which aired on the Youtube podcast channel for the nation's children.

"The two defendants made and recorded YouTube podcasts, then posted twice, namely November 20, 2022 and March 8, 2023, so that they went viral and could be accessed by the public," said Reza.

The prosecutor also accused Rudi of transmitting, publishing, and uploading openly so as to attack Fredie's honor, namely businessmen who feel defamed in the YouTube podcast.

Rudi was also charged with expressing hate speech against Fredie's victim, which has the potential to cause hatred or hostility to certain individuals or community groups based on ethnicity, religion, race, and intergroup (SARA).

Hendra together with the defendant Rudi went viral through the Netizens' Canal podcast and stated that Fredie was a black entrepreneur and various other negative accusations, so he felt he was insulted and defamed on social media.

According to the prosecutor, in the Youtube podcast of the National Children's Canal, Hendra stated that the victim witness Fredie had been detained for causing losses to the state of up to billions of rupiah and his house was ransacked by law enforcement officials.

However, the statement in the YouTube channel broadcast of the nation's children cannot be proven, aka there is no correct data.

The prosecutor also charged Rudi with ordering and participating in intentionally and without rights to disseminate the information electronically, which was intended to cause slander and defamation.

Regarding the impact of the podcast made by Rudi and Hendra, the victim admitted that he had lost Rp26 billion due to the termination of his business contract, and had an impact on the psychology of the child and the family of the victim's witness.

"Therefore, all the elements charged have been proven, and the defendant should be punished according to his actions," said Reza.

The prosecutor said that in the case of aggravating the defendant Rudi, it had resulted in losses suffered by the victim and the defendant did not admit his actions.

"The defendant's actions have caused casualties, and mitigating factors, the defendant is old and polite in the trial," said Reza.