JAKARTA - A supermarket employee in Lampung was threatened with a criminal offense for venting on social media by uploading his payslip. In Samarinda, a woman was reported to the police for protesting against a damaged road on social media. The ITE Law is a weapon to criminalize both of them. Enough already. The police must be disciplined in applying the SKB Guidelines for the Implementation of the ITE Law.
Lisa Amelia, a cashier at JS Swalayan, intends to complain about her life's problems on social media. On her personal Facebook, Lisa talked about her salary being cut by more than half, from Rp. 1 million to Rp. 368 thousand. The reasons for the deduction were Lisa's sick leave, Lisa's late arrival to work, and replacement of lost goods.
Lisa's story went viral and brought up the issue of low wages for workers. The @ndagels account that brought this issue to the Twitter world. From the information contained in the salary slip, it is known that the JS Swalayan in question is in Pringsewu Barat Village, Pringsewu Regency, Lampung. Lisa drew sympathy. JS Swalayan was blasphemed, although the blasphemy spread uncontrollably to other supermarkets.
But Lisa appeared again on social media. By then Lisa had been fired. He was also asked to pay a fine as a punishment because he was deemed to have defamed JS Swalayan, where he worked. JS Swalayan also mentioned the threat of police reporting under the ITE Law to Lisa. "The JS Swalayan sued me for Article 45 of the ITE Law regarding defamation," said Lisa.
Another curse of the ITE Law occurred very close at the time. Wety Wediawati, a mother in Samarinda City, East Kalimantan was reported to the police by the local RT Forum. The report was made after Wety protested the damaged road in front of her house. The protest was carried out through social media, with the Live feature on his Facebook account.
Wety was summoned to the Baqa Village office by the RT Forum in her area. Quoting Detik, Wety explained that the local RT Forum asked him to apologize. The RT forum also threatened to report Wety to the police. Lurah Baqa, according to Wety's story, had mediated. The Lurah even said that he was crying asking Wety not to be policed.
"I was asked to apologize by means of a live streaming as well by RT and there must be more than six thousand comments. So I said I can't regulate comments and live. I was told to apologize but still being processed by law, yes of course I don't want to ... The Lurah was there until he cried asking for help to the RT forum so that I wouldn't be reported," said Wety.
We have a decree on the implementation of the ITE Law to oppose the rubber articleLast June, National Police Chief Gen. Pol Listyo Sigit Prabowo, Minister of Communications and Informatics Johnny G Plate, and Attorney General ST Burhanuddin signed a Joint Decree on Guidelines for Criteria for Implementation of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. (IT Law).
The guidelines are expected to provide protection to the public from other forms of criminalization based on the ITE Law. "While waiting for a limited revision, the implementation guidelines signed by three ministers and one head of a ministerial-level institution can run and can provide maximum protection to the public," said Coordinating Minister for Politics, Law and Security (Menko Polhukam) Mahfud MD at the time.
The following are the points in the SKB Guidelines for the Implementation of the ITE Law:
a. Article 27 paragraph (1) The focus of this article is on the act of transmitting, distributing and/or making it accessible, not on the act of decency. Perpetrators intentionally allow the public to view or resubmit the content.
b. Article 27 paragraph (2) The focus of this article is on the act of transmitting, distributing, and making accessible gambling content that is prohibited or does not have a permit based on statutory regulations.
c. Article 27 paragraph (3) The focus of this article is:
(1) In an act that is done intentionally with the intention of distributing/transmitting/making accessible information the content of which attacks someone's honor by accusing something of something so that it is known to the public.
(2) It is not a criminal offense if the content is in the form of insults which are categorized as insults, ridicule, and/or inappropriate words, also if the content is in the form of judgments, opinions, evaluation results or a fact.
(3) It is a complaint offense so it must be the victim himself who reports, and not an institution, corporation, profession or position.
(4) It is not an offense of insult and/or defamation if the content is distributed through closed or limited group conversations.
(5) If journalists personally upload their personal writings on social media or the internet, then the ITE Law will still apply, unless it is carried out by the Press institution, then Law Number 40 of 1999 concerning the Press will apply.
d. Article 27 paragraph (4), the focus of this article is an act committed by a person or organization or legal entity and delivered openly or privately, either in the form of coercion with the aim of unlawfully benefiting oneself or others or threatening to reveal secrets, threatening to spread personal data, private photos and/or private videos.
e. Article 28 paragraph (1), the focus of this article is on the act of spreading false news in the context of electronic transactions such as online trading transactions and cannot be imposed on parties who default and/or experience force majeure. It is a material offense, so consumer losses as a result of fake news must be calculated and the value determined.
f. Article 28 paragraph (2) The focus of this article is on the act of spreading information that creates feelings of hatred or hostility towards individuals/community groups based on SARA. Submission of opinions, statements of disapproval or disapproval of individuals/community groups are not prohibited acts, unless those that are disseminated can be proven. Also read: This is the contents of Article 45C of the ITE Law which will be added by the government
g. Article 29 The focus of this article is on the act of sending information containing threats of violence or intimidation aimed at personally or threatening human life, not threatening to damage buildings or property and is a general offense.
h. Article 36 The focus of this article is that material losses occur to victims of individuals or legal entities, not indirect losses, not in the form of potential losses, and not non-material losses. The value of material losses refers to the Regulation of the Supreme Court Number 2 of 2012.
One of the most rubbery articles of the ITE Law and vulnerable to criminalization is Article 27 paragraph (3). Whereas number 2 letter c of SKB 3 Institutions explains that if the content being distributed is an assessment, opinion, evaluation result, or fact, then this is not an offense related to the content of insults and/or defamation as stipulated in Article 27 paragraph (3) of the ITE Law.
Chairman of the Association for Victims of the ITE Law (PAKU ITE) M Arsyad explained that the Joint Decree on 3 Institutions could be a weapon against the rubber articles of the ITE Law. Indeed, SKB 3 Institutions are only a guideline. This means that there is no obligation for the police to bind. But therein lies the test.
Now the key is in the police, whether they want to carry out their duties professionally based on the SKB 3 Institution guidelines or not. PAKU ITE maps out the most common reasons why someone uses the ITE Law. Most of it smells of criminalization.
First, barter things. This is the most common reason. 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 bridges between the two clusters, namely investors and public officials," said Arsyad to VOI.
"These negotiations are ongoing in the investigation process or under investigation. For example, 'you withdraw your report and your pollution case is also revoked. You both live quietly, so no one is imprisoned,'" Arsyad added.
The second reason is as a 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."
*Read other information about the ITE Law or read other interesting articles from Yudhistira Mahabharata.
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