Knock! Yahya Waloni Sentenced To Five Months In Prison And A Fine Of IDR 50 Million

Yahya Waloni (screen on the left) attends a hearing reading the verdict on his case at the South Jakarta District Court, Jakarta, Tuesday (11/1/2021). ANTARA/Genta Tenri Mawangi

JAKARTA - The panel of judges at the South Jakarta District Court (PN) found Yahya Waloni guilty of committing a criminal act and sentenced him to 5 months in prison and a fine of Rp. 50 million or to replace his imprisonment for 1 month.

The verdict read by Chief Justice Hariyadi, was lower than the prosecutor's demand, namely a 7-month prison sentence.

In their decision, the panel of judges conveyed that the sentence handed down to Yahya was reduced by the period of his arrest and detention at the Criminal Investigation Unit of the Police, Jakarta, since August 2021.

If Yahya pays a fine of Rp. 50 million, then the remaining period of imprisonment is approximately 1 month.

The panel of judges explained that Yahya was found guilty of violating Article 45 A paragraph 2 of Indonesian Law Number 19 of 2018 concerning amendments to Indonesian Law number 11 of 2008 concerning Electronic Information and Transactions (ITE).

Article 45A paragraph (2) stipulates: "Everyone who intentionally and without rights spreads false and misleading news that causes consumer losses in Electronic Transactions as referred to in Article 28 paragraph (1) shall be punished with imprisonment for a maximum of 6 (six) years. and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah)".

The panel of judges continued to convey that all elements of the prosecutor's indictment against Yahya Waloni as regulated in that article had been proven at trial.

There are at least a number of mitigating and aggravating factors that were taken into consideration by the panel of judges in determining the decision. The aggravating thing was that Yahya Waloni's actions damaged inter-religious harmony, while mitigating factors included Yahya being the backbone of the family, he regretted his actions and he has apologized.

Yahya also promised not to repeat his actions, said Hariyadi when he read out the factors that eased the verdict.

After reading the verdict, the presiding judge continued to ask Yahya Waloni's attitude.

Yahya, who attended the virtual trial from the Criminal Investigation Unit of the Police, replied that he accepted the judge's decision, while the public prosecutor's team said they would think about it first.

The panel of judges gave the prosecutor a week to determine his position, then Hariyadi closed the trial.