All Reasons Why We Must Stand To One Sided On Jerinx's Imprisonment

Jerinx (Instagram / @ jrxsid_)

JAKARTA - The police have named Jerinx as a suspect. Jerinx was charged with a number of articles in Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) for uploading Instagram, in which he called the Indonesian Doctors Association (IDI) a lack of the World Health Organization (WHO). Argue over the ruckus Jerinx made. However, Jerinx's imprisonment was a mistake. And this case actually reminds us how dangerous the ITE Law is.

"Because I am proud to be a lack of WHO, IDI and the hospital arbitrarily oblige all people who will give birth to a COVID-19 test," wrote the man whose real name is I Gede Ari Astina in his Instagram upload.

After the upload, the Chairman of IDI Bali I Gede Putra Suteja reported Jerinx to the Bali Police on charges of hate speech and defamation. Jerinx was absent from the first summons as a witness. He fulfilled the second summons when he was declared a suspect.

Jerinx said there was no hateful content for IDI in his uploads. According to Jerinx, all the messages he delivered were pure criticism. "I want to emphasize once again, I have no hatred and intention of destroying or hurting the feelings of IDI friends. So, this is one hundred percent criticism," said Jerinx.

The Head of Public Relations of the Bali Regional Police, Kombes Pol Syamsi, said that the Special Criminal Investigation Directorate (Ditreskrimsus) investigators had examined a number of people as witnesses in this case, including reporters and experts.

Jerinx was charged with the suspicion of Article 28 paragraph (2) Jo Article 45A paragraph (2) and / or Article 27 paragraph (3) Jo Article 45 paragraph (3) of the ITE Law. "The threat of a sentence of six years in prison and a fine of Rp. 1 billion," said Syamsi.

Article failed Jerinx

On the issue of COVID-19, Jerinx is a big noise maker. So noisy that we can see Jerinx as two different figures. He is a boaster, a rioter, a destroyer of scientific perspective. On the other hand, Jerinx is a brave, mind-opener, upholding the principle of free speech. Please stand on the side you want.

Anyway, for Jerinx's imprisonment, it feels like we have to stand to one side. The ITE Law is a real threat. Jerinx must be freed. There are a number of reasons. The easiest and even the one that doesn't require a conspiracy debate is that the use of the criminal articles of the ITE Law to ensnare Jerinx for the post "IDI Kacung WHO" is inappropriate.

The use of Article 28 Paragraph (2), for example. Basically, these provisions can only be used to ensnare forms of expression that fall into the category of incitement to hatred / violence / discriminate, aka incitement to trigger acts of hatred, violence or discrimination based on SARA. Besides that, intention is also an important component.

Jerinx when he was taken by Polda Bali (Twitter / @ VLAMINORA)

The Civil Society Alliance, in its statement, explained that the important elements to ensnare Jerinx with this article were not fulfilled. "Generating a sense of hatred or hostility to individuals and / or certain groups of people based on ethnicity, religion, race and intergroup (SARA)," was quoted as saying Thursday, August 13.

Not only Article 28 Paragraph (2). Another article was also deemed inaccurate. Article 27 Paragraph (3) concerning defamation, for example. This article, in its application, must refer to the provisions of Article 310 and Article 311 of the Criminal Code which regulate defamation of individuals. This means that the article cannot be used by IDI as an institution.

Moreover, Article 27 Paragraph (3) is a complaint offense, which means that only individuals who have been defamed can report. There is no representative perspective in this context. "Of course it does not make sense then, when the institution that must be represented by someone uses this provision," wrote.

The threat of the ITE Law

However, that is the ITE Law. It will always be a paradox in the democratic life that is being built in Indonesia. Passed in 2008, the ITE Law has claimed many victims. Just look at the Southeast Asian Freedom of Expression Network (SAFEnet) notes regarding the 2019 ITE Law case report.

The non-profit, which focuses on the interests of freedom of expression, has recorded 2019 as one of the darkest periods of time. So many criminalization efforts use the ITE Law. One of them is the case that ensnared Jakarta State University (UNJ) lecturer Robertus Robet.

Robet's oration at the State Palace at the end of February 2019 became a problem. Chants filled with criticism of military action entered the civilian realm which Robet considered a criminal. He was reported because he was thought to spread information with the aim of spreading hatred.

Apart from Robet, Dandhy Laksono was also named a suspect in the alleged case of hate speech. Polda Metro Jaya charged the Watchdoc founder with Article 28 Paragraph (2) in conjunction with Article 45 A Paragraph (2) of Law 11/2009 concerning amendments to Law 8/2016 on ITE and / or Article 14 and Article 15 of Law 1/1946 on Criminal Law Regulations . Dandhy was thought to be spreading hatred through his Twitter tweet on September 23.

JAYAPURA (photo 1) Papuan students who exodus from campuses in Indonesia open a post in Uncen. Their transport officers from campus to Expo Waena. Chaotic. WAMENA (photo 2) High school students protest the teacher's racist attitude. Faced by the authorities. Chaotic city. Many had gunshot wounds. pic.twitter.com/jWHv3FVOtM

- Dandhy Laksono (@Dandhy_Laksono) September 23, 2019

Freedom of opinion is increasingly being curtailed. The space for criticism is increasingly threatened. Apart from Robet and Dandhy, there are many other cases that illustrate the great threat of the ITE Law on democracy.

The latest police record in 2019 recorded 3,100 cases they handled related to articles in the ITE Law. Reporters generally use Article 27 Paragraph (1) which contains violations of decency, Article 28 Paragraph (2) concerning broadcasting of hatred, and Article 29 concerning threats of violence.

Reflecting on the various cases of the ITE Law above, the Civil Society Alliance urged the government and the DPR to sit down immediately to prioritize revising the ITE Law. The Alliance considers that the ITE Law is not right on target with its use which tends to be excessive.