Objection, Jerinx SID Premier Conference Remains Held

Jerinx SID (Photo: Antara)

JAKARTA - The Denpasar District Court continues to hold the first trial of I Gede Ari Astina alias Jerinx SID on the alleged case of hate speech and defamation of the IDI Bali, online.

Previously, Jerinx SID's attorney, I Wayan Suardana alias Gendo had submitted an objection letter to the online trial and an in-person or face-to-face trial request.

"We have received the objection letter to the trial online and requested that the trial be conducted face-to-face. The letter is the authority or matter of the defendant, as well as his lawyer requesting a direct and face-to-face trial, yes that is their right," said Denpasar District Court Chairman Sobandi. Antara, when he was met at the Denpasar District Court, Monday, September 7.

According to Sobandi, so far the Denpasar District Court has conducted online trials for the detained defendants. Primarily, during the COVID-19 period, the trial for the accused was held in virtual or teleconference.

This has become an agreement or MoU between the Supreme Court, AGO, Minister of Law and Law and Decree of the Director General Number 379 of 2020, as well as SE of the Supreme Court Number 1 of 2020.

"Henceforth, the authority lies with the panel of judges, whether to continue detaining or postpone or postpone detention. If you postpone the detention, the trial will be in person. But if you are still being held the trial will still be online or virtual," said Sobandi.

He explained that the refusal of the online trial was the right of the defendant I Gede Ary Astina alias Jerinx SID through his attorney. Sobandi said, law enforcement officers have the obligation and authority with their instruments to carry out detentions.

Previously, at around 14.00 local time, Jerinx SID's attorney, I Wayan Suardana, came to the Denpasar District Court to file an objection to the online trial and request for a face-to-face trial.

"We object and reject the holding of an online trial against our client Jerinx. And we ask that the examination of the a quo case be carried out face to face to guarantee the legal rights of our clients," said I Wayan Suardana or who is familiarly called Gendo.

He explained some of the considerations for rejecting the online trial, first because it was against the law, from the law on judicial power and the Criminal Procedure Code, it was clear that in essence, it was stated that the defendant was obliged to physically attend the trial. So if then the defendant is presented online, then it is against the Law, both KUHAP and the Law on Judicial Powers.

The second consideration, online court has the potential or can hinder efforts to explore the material truth. "This criminal case is to explore the material truth, therefore all parties in the trial should be able to dig freely and explore comprehensively, including being able to see from the gestures," said Gendo.