Issues: Suspected KPI Harassment Victims Forced To Peace, Fact: The ITE Law Is Often A Case Transaction Tool
Photo illustration (Source: Tegar Putuhena/Rizky Sulistyo)

JAKARTA - The case of alleged harassment and bullying of an employee of the Indonesian Broadcasting Commission (KPI), MS is again highlighted. Now news is circulating that MS was forced to make peace. The public also highlighted the reporting of the ITE Law by a number of reporters against MS. Is MS really a hostage? It is nothing. In fact, the ITE Law is often used for things like this.

This issue began with MS's summons to the KPI office, Central Jakarta on Tuesday-Wednesday, September 7-8. In the two meetings, MS was asked to come without a legal representative. On Wednesday, MS and the accused were met in a room.

On that occasion, MS was presented with a letter of peace, in which it also included the revocation of the case. Mehbob suspects that this meeting was deliberately initiated by the KPI with the aim of saving the good name of the institution.

"MS doesn't want to. They do things that are not right. And the content of the peace is as if nothing like that happened and MS was asked to clarify everything," said Mehbob, MS's attorney, to VOI, Friday, September 10.

"I think there may be a KPI commissioner, whom we don't know. Even though there was no KPI commissioner at the meeting, it was within the KPI environment. It's impossible for the KPI commissioner not to know."

MS's attorney, Rony Hutahaean (Rizky Sulistyo/VOI)

Tegar Putuhena, the lawyers for the reported initials RT and EO confirmed the meeting. He said his client came in the same position: at the call of KPI and without a legal representative. According to Tegar, in a phone call, his client was told there was an attempt at peace.

"Meeting who was there, what was the agenda there, invited by whom, we don't know. We don't know at all. But what is certain is that after he met, then he was reported, one of the reported parties called from KPI. That I also don't know who," said Tegar, contacted by VOI, Friday, September 10.

"The point is to say, 'This is a process of wanting to talk, here, facilitation wants to talk to you.' It was shared with all the reported parties. They communicated with each other. It came to me from my client, the two of them... I said if the intentions were good, they wanted peace, that's okay. Without legal counsel. The important thing is that they are in the same position without law advisor."

Tegar said that his party welcomed the discourse on the peaceful way of mediation. His party has even compiled the conditions that need to be met by MS. It's the other way around. Tegar said he was open to discussions on terms of peace. "If it's a peaceful option, then explain the conditions. It's a normal process."

We tried to contact the Chairman of KPI Agung Suprio and Commissioner Nuning Rodiyah. We didn't pick up the phone. Our WhatsApp message ends with two blue ticks.

Is MS really intimidated?

MS's attorney, Mehbob explained that his party had requested assistance from Komnas HAM and the Witness and Victim Protection Agency (LPSK). His client's position was under intimidation, Mehbob said. This includes reporting on the ITE Law on defamation by the reported party.

Even so, Mehbob said he was not worried because what MS wrote, according to Mehbob, was a legal fact. Mehbob is also optimistic that the assistance from LPSK and Komnas HAM will protect his clients legally.

"The intimidation with him wants to report everything back. That's part of the intimidation. If MS doesn't withdraw it will be reported back. We from the team are not worried because what MS wrote is what he experienced and felt and it's part of the legal facts, right? ... That's intimidation and criminalization, right," said Mehbob.

"But hopefully later, LPSK will provide protection, automatically according to Law 31 concerning Protection of Victim Witnesses and Article 10, MS cannot be legally prosecuted until the case is completed and has permanent legal force," he added.

The lawyer for the reported RT and EO, Tegar Putuhena (Rizky Sulistyo/VOI)

JAKARTA - The case of alleged harassment and bullying of an employee of the Indonesian Broadcasting Commission (KPI), MS is again highlighted. Now news is circulating that MS was forced to make peace. The public also highlighted the reporting of the ITE Law by a number of reporters against MS. Is MS really a hostage? It is nothing. In fact, the ITE Law is often used for things like this.

This issue began with MS's summons to the KPI office, Central Jakarta on Tuesday-Wednesday, September 7-8. In the two meetings, MS was asked to come without a legal representative. On Wednesday, MS and the accused were met in a room.

On that occasion, MS was presented with a peace letter, in which the contents also involved revocation of the case. Mehbob suspects that this meeting was deliberately initiated by the KPI with the aim of saving the good name of the institution.

"MS doesn't want to. They do things that are not right. And the content of the peace is as if nothing like that happened and MS was asked to clarify everything," said Mehbob, MS's attorney, to VOI, Friday, September 10.

"I think there may be a KPI commissioner, whom we don't know. Even though there was no KPI commissioner at the meeting, it was within the KPI environment. It's impossible for the KPI commissioner not to know."

MS's attorney, Rony Hutahaean (Rizky Sulistyo/VOI)

Tegar Putuhena, the lawyers for the reported initials RT and EO confirmed the meeting. He said his client came in the same position: at the call of KPI and without a legal representative. According to Tegar, in a phone call, his client was told there was an attempt at peace.

"Meeting who was there, what was the agenda there, invited by whom, we don't know. We don't know at all. But what is certain is that after he met, then he was reported, one of the reported parties called from KPI. That I also don't know who," said Tegar, contacted by VOI, Friday, September 10.

"The point is to say, 'This is a process of wanting to talk, here, facilitation wants to talk to you.' It was shared with all the reported parties. They communicated with each other. It came to me from my client, the two of them... I said if the intentions were good, they wanted peace, that's okay. Without legal counsel. The important thing is that they are in the same position without law advisor."

Tegar said that his party welcomed the discourse on the peaceful way of mediation. His party has even compiled the conditions that need to be met by MS. It's the other way around. Tegar said he was open to discussions on terms of peace. "If it's a peaceful option, then explain the conditions. It's a normal process."

We tried to contact the Chairman of KPI Agung Suprio and Commissioner Nuning Rodiyah. We didn't pick up the phone. Our WhatsApp message ends with two blue ticks.

Is MS really intimidated?

MS's attorney, Mehbob explained that his party had requested assistance from Komnas HAM and the Witness and Victim Protection Agency (LPSK). His client's position was under intimidation, Mehbob said. This includes reporting on the ITE Law on defamation by the reported party.

Even so, Mehbob said he was not worried because what MS wrote, according to Mehbob, was a legal fact. Mehbob is also optimistic that the assistance from LPSK and Komnas HAM will protect his clients legally.

"The intimidation with him wants to report everything back. That's part of the intimidation. If MS doesn't withdraw it will be reported back. We from the team are not worried because what MS wrote is what he experienced and felt and it's part of the legal facts, right? ... That's intimidation and criminalization, right," said Mehbob.

"But hopefully later, LPSK will provide protection, automatically according to Law 31 concerning Protection of Victim Witnesses and Article 10, MS cannot be legally prosecuted until the case is completed and has permanent legal force," he added.

The lawyer for the reported RT and EO, Tegar Putuhena (Rizky Sulistyo/VOI)

Tegar Putuhena, the attorney for the two reported parties, RT and EO, denied intimidating MS through the ITE Law case. According to him, from a legal perspective, the alleged defamation case by MS goes outside the context of the alleged bullying and sexual harassment experienced by MS.

"Now the process is at the Polda (UU ITE). So, don't understand it in that context... What I and my friends are doing is to build a common principle that fighting bullying should not be bullying. After all, this is an unclear event," Tegar Putuhena .

"Because it is widespread in the public, all the impacts are cyberbullying, a negative stigma attached not only to the complainant but also to the family. We think this can run linearly. Our decision to report in that context ... The actual law enforcement mechanism reported is not related with sexual harassment," he added.

UU ITE case transaction tool

Apart from the truth of the narrative submitted by the related parties, the ITE Law is in fact often used for case transactions. The modus operandi is that someone who is reported on a case will look for loopholes to ensnare the reporter with the ITE Law. If found, the loophole will be used to take hostages and transact cases.

This was revealed by the Head of LPSK Hasto Atmojo Suroyo. A victim often becomes a second victim, where when she reports to the police, she is even reported again by the alleged perpetrator: revictimization. "This is why the victims or their lawyers must be more vigilant. The ITE Law has many victims," he told VOI, Wednesday, September 8.

"That's why he should have acted quickly. If, for example, the police report has been made, for example, it requires LPSK protection, so go to LPSK immediately," added Hasto. Hasto also encouraged the police as law enforcers to "put forward the spirit of a better victim's perspective. So the side with the victim is higher."

Hasto's explanation is the same as the description presented by the Chairman of the Association for Victims of the ITE Law (PAKU ITE) M Arsyad. Contacted by VOI, Tuesday, September 7, Arsyad explained a number of the most common reasons why people use the ITE Law to criminalize other parties. Barter or case transactions are the most common. In this context, the police are also the party most associated with the misuse of the ITE Law.

"Why do we include the police as the third cluster of users of the ITE Law, they are the bridge between the two clusters, namely investors and public officials ... These negotiations are ongoing in the investigation process or are being investigated. For example, 'you withdraw your report then your pollution case also revoked. You both live in peace, so no one is imprisoned,'" explained Arsyad.

The second reason is as shock therapy. It is widely used by officials and companies. "He asked the victims of the ITE Law to apologize in the mass media and so on. This is to give a warning, when you disturb me or criticize me, I will imprison you like him," said Arsyad.

"The third is definitely silencing, how to keep the person quiet and silent. One of the most effective ways is to bring them to justice." We asked Denny whether one of the reasons above was also the basis for reporting against MS and a number of netizens in the case of alleged defamation of his client.

"We only report factual events. What are factual events, yes, the criminal elements will be measured later. Meet the elements which are criminal. For us, there is no barter. There is no silence. Because why silence."

"This reporter has won more in the mass media. What do you want to silence? We don't want to silence like that. Shock therapy doesn't exist either. If someone commits an act, it fulfills the elements, then it should be processed. That's all," said Denny.

*Read other information about SEXUAL HARASSMENT or read other interesting articles from Yudhistira Mahabharata.

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