ICJR Finds 4 Problems In Jerinx's Claims Regarding The 'WHO Kacung IDI'

JAKARTA - The Institute for Criminal Justice Reform (ICJR) assesses that the charges submitted to I Gede Ary Astina alias Jerinx, namely three years in prison and a fine of Rp10 million, a subsidiary of three months of imprisonment are problematic.

ICJR Executive Director Erasmus Napitupulu even said that there were four problems found in the case that started with Jerinx's post on his Instagram account @jrxsid, one of which called 'IDI Kacung WHO'.

The first problem, Erasmus said, was that the public prosecutor (JPU) had made a mistake in proving the element of intent. If in the indictment, the prosecutor used Article 28 in conjunction with Article 45A paragraph 2 of the ITE Law in conjunction with Article 64 paragraph 1 to 1 of the Criminal Code, but in his description the prosecutor actually linked it to Article 27 paragraph 3 and Article 45 paragraph 3 of the ITE Law concerning defamation and defamation.

"This is a fundamental mistake in a prosecution because the deliberate element is not actually linked to the action being charged. It is important to note that the deliberate element is a crucial element in proving hate speech cases," Erasmus said in a written statement to reporters quoted on Thursday, November 4.

Second, he assessed that the prosecutor in this case could not distinguish between insult or defamation and disseminating information aimed at generating hatred or individual hostility. Furthermore, Erasmus assessed that the prosecutor had made a mistake because he thought that the Indonesian Doctors Association (IDI) was a party protected by hate speech articles.

According to him, the article on hate speech is actually intended to protect people, groups and communities from discriminatory actions and this is different from criticism of an institution. Erasmus said that a public figure or an organization is a subject that often receives criticism from the opposition. So, as a democratic country, it should not be prohibited that criticism like the one expressed by Jerinx.

"IDI is not a group that cannot be criticized. Jerinx's statement must be separated from the narrative of doctor's honor and offense for doctors. Because the statement is related to policies that contain aspects of public interest and this is not related to the feelings of individual doctors," he said.

The final problem is that the prosecutor is deemed not to have explained this case comprehensively regarding Jerinx's statement which said 'IDI Kacung WHO'. "Is what Jerinx said is really aimed at creating a sense of hatred and enmity, based on ethnicity, religion, race and intergroup or SARA," said Erasmus.

That way, he continued, there are at least six things that must be proven to ensure that Jerinx's utterance is included in hate speech like the context in an expression; the position and status of the individual who conveys the expression; the intention of giving expressions to advocate hatred and incitement; the charge strength of the expression; the reach and impact of the expression on the audience; and the likelihood and potential dangers of imparting the expression.

If the expression Jerinx conveyed was later deemed provocative, Erasmus considered, that would not be a problem. Because IDI is not a group that must be protected from SARA actions but rather a professional group that should be criticized.

The ICJR then called Jerinx's detention and imprisonment a form of setback for a democratic country like Indonesia. Because the suggestion from Jerinx who is a loud musician criticizing the government should be heard and then weighed. Moreover, what he said was an expression that was legitimate and filled with public interest.

"If Jerinx for his criticism can be jailed, it is not impossible that other criticisms which are legitimate expressions can be punished," he said.

The prosecutor in his letter of prosecution said that Jerinx was proven to have spread hate speech by posting on his Instagram account with narrative words and sentences of hate speech against the Indonesian Doctors Association (IDI). Jerinx is called the prosecutor proven guilty of criminal Article 28 paragraph 2 in conjunction with Article 45 paragraph 2 of the ITE Law.

"That the defendant I Gede Ari Astina alias Jerinx has been conclusively proven guilty of committing a criminal act intentionally and without the right to disseminate information aimed at causing hatred or enmity of individuals and / or certain community groups based on ethnic, racial and inter-group religions. continuously, ”said the prosecutor at the Jerinx trial.

There are two Jerinx posts on the @jrxsid account in question, namely the posts on June 13 and June 15. According to the prosecutor, Jerinx deliberately and without the right to spread information that caused hatred or hostility to individuals or groups of people, namely the Indonesian Doctors Association (IDI) in Bali.

“Because they are proud to be WHO lackeys, IDI and the hospital arbitrarily oblige all people who are going to give birth to be tested for CV19. There is already a lot of evidence that the test results are often inconsequential, why do you force them? If the test results cause stress and cause death to the baby / mother, who is responsible ".

Meanwhile, the second post on June 15 reads: 'In 2018 there were 21 doctors who died, this is what is monitored by the media, yes, unfortunately there is a rotten conspiracy that dramatizes the situation as if the doctor died only this year so that the public is overly afraid of COVID-19. How do I know? please copy all the links in the photo, post it on your FB / IG, then see what happens. still say COVID-19 is not a conspiracy? Wake the fuck up Indonesia. '

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