Judge Assesses Detention Of The Defendant For Spreading Hoax On PEN Funds

Mataram District Court Building. ANTARA/Dhimas BP

MATARAM - The panel of judges at the Mataram District Court, West Nusa Tenggara, is reviewing the application for a postponement of the detention of the accused who spread hoaxes with the aid of 3 cows worth Rp. 100 million from the National Economic Recovery (PEN) fund.

According to the spokesperson for the Mataram District Court, Kelik Trimargo, the decision regarding the letter of request for the suspension of the detention of defendant SS will be delivered in a follow-up hearing on Friday, May 13.

"So, when the inaugural trial was on Tuesday, May 10, it was postponed. Therefore, the judge stated that the decision related to the application for adjournment of the accused would be delivered at a follow-up hearing, Friday, May 13," said Kelik.

The postponement of the initial trial with the agenda of reading the indictment was postponed because the prosecutor was unable to present the defendant SS virtually. The defendant wished to appear in person before the Mataram District Court of Justice.

Consideration of the trial was held virtually due to security concerns. This also saw the enthusiasm of supporters of the defendant SS from the Rinjani Multipurpose Cooperative (KSU) who often held demonstrations in front of the Mataram District Court Building.

The last action occurred on the agenda of the defendant SS's inaugural trial. Hundreds of residents packed the highway in front of the Mataram District Court. They demanded that the judge's suspension of detention be granted by the judge.

However, thanks to the support of police security, the mass action was brought under control until it dispersed after the attorney for the defendant SS gave a statement that the trial was adjourned for Friday, May 13.

The defendant SS is the head of KSU Rinjani. In the case of spreading the PEN fund hoax, cyber investigators have included evidence from YouTube content allegedly belonging to SS entitled "KSU Rinjani Press Conference".

In the content, SS allegedly accused the Government of hiding the distribution of PEN funds to the public.

This became the motive for SS to mention that the KSU Rinjani distribution program which promised assistance of 3 cows with a budget of Rp. 100 million for each member was hampered.

The post allegedly caused a reaction from a number of members of KSU Rinjani. They held a demonstration to the NTB Provincial Government demanding that the 3 cows program from the PEN fund be distributed immediately.

In this matter, investigators confirmed that the cyber team had asked the government for clarification. The clarification was obtained since the case was still being handled at the investigation stage.

From the clarification, the Government has stated that there is no such program or budget, either from the center or the regions.

The clarification statement from the Government has also been strengthened by examining data and current and future programs.

In addition to the evidence from the clarification, the determination of SS as a suspect was also strengthened by statements from experts in the field of language as well as information and electronic transactions.

In the case file, SS is suspected of Article 14 paragraph (1), paragraph (2), and Article 15 of Law Number 1 of 1946 concerning the Criminal Law Regulations which regulates the criminal suspicion of spreading false news.

In addition to these allegations, police investigators also applied Article 28 paragraph (2) in conjunction with Article 45 paragraph (2) of Law Number 19/2016 concerning Amendments to Law Number 11/2008 concerning Information and Electronic Transactions.

The allegation of this article, he said, is still related to the spread of fake news that can cause hatred or hostility in the community.

The criminal threat of the allegation is stated in Article 45 paragraph (2) of Law no. 11/2008 concerning Information and Electronic Transactions with a maximum sentence of 6 years in prison and a fine of Rp. 1 billion.

Criminal threats were also alleged to SS regarding the distribution of information containing insults or defamation, in this case accusations against the Government of concealing the distribution of PEN funds to the public.

The allegation is in accordance with Article 27 paragraph (3) of Law no. 19/2016 concerning Amendments to Law No. 11/2008 concerning Information and Electronic Transactions.

For criminal threats, the maximum sentence is 6 years in prison and a fine of Rp. 1 billion in accordance with Article 45 paragraph (1) of Law no. 19/2016.