JAKARTA - The reporter for the alleged SARA case against a member of the Indonesian House of Representatives, Arteria Dahlan, visited the Metro Jaya Police, Tuesday, February 8. The goal is to undergo an examination and convey that there are articles left behind in the process of delegating cases from the West Java Regional Police.
"The complaint report at the West Java Police that was delegated by the Polda Metro Jaya was only related to the ITE Law, while we complained about several articles including Law No. 40 of 2008 regarding racial and ethnic discrimination, as well as Articles 315 and 316 of the Criminal Code," said the attorney. Axis Nusantara law Susana Febriati told reporters, Tuesday, February 8.
With the missing article, the reporters will provide information to investigators. What's more, they've already received a summons.
Where, the summons was registered with the number B/472/II/RES.2.5./2022/Ditreskrimsus.
"We have fulfilled the call for clarification regarding the complaint report, we are following up on the delegation from the West Java Police to the Metro Jaya Police," said Susana.
On the other hand, Susana responded to the investigator's decision to stop the case on the grounds that it did not meet the criminal element. According to him, investigators are too hasty to decide.
"We think what is being done is too hasty because this has not yet been fully clarified," he said.
Moreover, the matter of immunity rights owned by Arteria Dahlan is considered a different matter. This is because it is considered a criminal case.
"As for the right to immunity or MKD is a different realm, we are justice seekers to ensure the legal reporting that we report," said Susana. Previously, Polda Metro Jaya stated that the SARA case regarding the Sundanese language involving Arteria Dhalan could not be criminalized. This is based on the results of expert examinations.
"Based on expert testimony, based on the provisions of the law as regulated in Article 224 of the Republic of Indonesia Law No. 17 of 2014 concerning the MPR, DPR, DPD, and DPRD or MD 3 against Arteria Dahlan's brother, it can be conveyed that he cannot be punished," said the Head of Public Relations Polda Metro Jaya Kombes E. Zulpan.
In addition, said Zulpan, in accordance with the article in the law, Arteria Dahlan cannot be prosecuted by the court. This is because the statement or opinion expressed at the official meeting of members of the DPR.
"So the opinion of Arteria Dahlan in this matter does not fulfill the element of spreading information containing hate speech based on SARA as regulated in Article 28 Paragraph 2 of Law Number 19 of 2016 concerning ITE," said Zulpan.
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