A Total Of 113 Lawyers Propose Termination Of Hoax Cases That Drag The Chairman Of PHDI NTB Ida Made Santi

Representatives of NTB lawyers who are members of the United NTB Advocates in the activity of submitting a request for termination of prosecution by the prosecutor / Via ANTARA

MATARAM - A total of 113 lawyers who are members of the United NTB Advocates filed a request for termination of prosecution by the prosecutor regarding the case of the Chairperson of the Parisadha Hindu Dharma Indonesia (PHDI) NTB, Ida Made Santi Adnya who became a suspect for spreading hoaxes in the promotion of hotel auctions.

Yan Mangandar, Coordinator of United NTB Advocates who was met at the NTB Prosecutor's Office, Mataram, explained that the basis for the 113 lawyers with the suspect Made Santi to submit this application was in view of the provisions of Article 140 paragraph 2 letter a of the Criminal Procedure Code.

"So, the suspect's act of uploading hotel tender documents, promoting them through his personal Facebook account is not a criminal act. Therefore, we are submitting a request for termination of prosecution on the basis of the provisions of Article 140 paragraph 2 letter a of the Criminal Procedure Code," said Yan Mangandar at the location reported by Antara, Tuesday, August 2.

In connection with the alleged act of Made Santi promoting the auction of the hotel in Mataram City, it also brought him status as a lawyer who received power of attorney from his client, namely the wife of the complainant or the hotel owner.

As the legal representative of the complainant's wife, Made Santi has the power to execute and search for potential hotel buyers, including promoting them through social media.

Even the auction documents and asset appraisal letters uploaded to Made Santi's Facebook account in 2021 have official status, emerging from the results of the appraisal team's calculations.

The auction process at the Mataram KPKNL was also based on a civil decision related to the distribution of assets between the wife of the complainant who was the client of the suspect Made Santi and the complainant.

"The civil case has reached an inkrah decision at the Supreme Court. The object of the dispute, including the hotel, is clear. So it's not a hoax," he said.

So Yan Mangandar along with 112 other lawyers believe that the actions of the suspect Made Santi are not a crime that violates the Law on Information and Electronic Transactions (ITE).

"So, our arrival is asking for the prosecution to be stopped. Because the authority lies with the public prosecutor, we have submitted it to the NTB Prosecutor's Office," he said.

Even in an effort to support the suspect Made Santi, his party also submitted a similar request to the Attorney General's Office.

"Don't look in the mirror from this case, later there will be many criminalizations against our profession as advocates. That is also the basis for us to oversee this case by submitting a request for termination of prosecution," he said.

Related to this, Iwan Hendarso, Section Head of the TPUL Prosecutor's Office of NTB who is also a member of the public prosecutor of the Made Santi case, said that his party would follow up this request to the Head of the NTB Prosecutor's Office, Sungarpin.

"According to the provisions, we will forward what our fellow lawyers want to the leadership (Kajati NTB)," said Iwan.

Regarding the decision later on whether to stop or continue with the trial process in court, explained Iwan, that is the authority of Jampidum.

"That is, we are asking for time to wait for the exposure at the AGO. How the decision will be, it is in the decision at the AGO," he said.

The NTB Police Cyber Investigator on Wednesday (27/7), handed over the suspect and evidence of the Made Santi case to the public prosecutor. The police carried out the delegation based on the follow-up to the results of the prosecutor's research which stated that the case file was complete.

In the transfer of the case, which is currently in the prosecution stage, the prosecutor's office did not detain Made Santi because of his cooperative attitude and status as the chairman of the NTB PHDI.

In this case, Made Santi is a suspect who is suspected of spreading false news through personal social media uploads. The upload on February 20, 2021 is related to the promotion of the sale of a five-star hotel named Bidari in Mataram City.

Made Santi was revealed to have promoted the sale through an upload on his personal Facebook account. Made Santi sells by informing that the hotel will only be auctioned in 2021.

However, from the results of the investigation, it was revealed that the hotel auction process took place in 2020. This was also reinforced by the evidence of asset valuation documents that took place in 2020.

"So the suspect's upload is not in accordance with the facts, so it is included in the spread of false and misleading news that results in consumer losses in electronic transactions," said Adjunct Senior Commissioner of Police Darsono Setyo Adjie, Daily Executor (Plh) Head of the Cyber Sub-Section of the NTB Police Ditreskrimsus.

This is also in accordance with the criminal accusation that made Made Santi a suspect, namely Article 28 paragraph 1 Juncto Article 45A paragraph 1 of Law of the Republic of Indonesia Number 19/2016 concerning amendments to Law of the Republic of Indonesia Number 11/2008 concerning Information and Electronic Transactions (ITE). ).