Cases Of The ITE Law Due To Uploading Auction Objects Without A Client's Permit, Lawyers At NTB Freely Sentenced To The Mataram District Court

Made Santi, lawyer and chairman of the NTB PHDI, allegedly violated the ITE Law, was acquitted by the Mataram District Court, Thursday, January 26. (Among)

The Mataram District Court (PN) panel of judges acquitted the defendant Ida Made Santi Adnya, a lawyer accused of violating the ITE Law for uploading objects without permission from her client's husband.

"Declaring that the defendant is not legally proven guilty of spreading false and misleading news so as to release the defendant from all demands of the prosecutor," said Chief Justice Muslih Harsono in the agenda of the Mataram District Court's decision trial, West Nusa Tenggara (NTB), Thursday, January 26, was confiscated by Antara.

The judge in the verdict also asked the Public Prosecutor to restore the good name and rights of the defendant who is also the Chairman of Parisada Hindu Dharma Indonesia (PHDI) NTB.

In the description of the verdict, the judge did not find the facts that stated that the defendant Made Santi violated the ITE law in uploading the auction of his client's hotel object.

Previously, the Public Prosecutor asked the panel of judges to sentence the defendant to 1 year and 6 months in prison and a fine of Rp. 200 million, subsidiary to 5 months in prison.

The prosecutor stated that the defendant was proven guilty on purpose and without the right to spread false and misleading news which resulted in consumer losses in electronic transactions.

The claim is in accordance with the indictment of Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of the Republic of Indonesia Law Number 19 of 2016 concerning amendments to Law no. 11 of 2008 concerning Information and Electronic Transactions.

This problem started when Made Santi, who is NS's attorney, was asked to help resolve the issue of distributing assets after being divorced with her client's husband with the initials GG.

After the divorce, the issue of division of assets has been decided to be divided into two. This is also in accordance with the decision of the Judicial Review (PK) at the Supreme Court.

There are 9 forms of objects included in the distribution of assets. One of them is a five-star hotel in the Cakranegara area, Mataram City.

NS also proposed an auction for the hotel. The auction is submitted according to the procedure.

The auction application was then submitted to the Mataram District Court and the State Property and Auction Service Office (KPKNL). It also involves an independent aprrahasal team that assesses the estimated price of the object of the property.

The announcement of the hotel auction has also been announced by the court and the KPKNL, including the installation of advertisements in print media.

Made Santi then uploaded the news of the auction through his personal Facebook account by writing "Whoever is interested in this hotel, can contact me and register with the Mataram KPKNL office".

The upload was accompanied by photos of the hotel, and a number of documents such as the results of the appraisal and the Mataram KPKNL announcement document.

On the basis of this upload, Made Santi was reported by GG to the NTB Police. Made Santi was accused of violating ITE law for uploading objects without GG permission.