Aiman Witjaksono Escaped The Criminal Process Thanks To The Constitutional Court's Decree

Aiman Witjaksono when met at Polda Metro Jaya, Tuesday 5 December 2023. (Rizky A-VOI)

JAKARTA - Polda Metro Jaya has stopped the investigation process of the alleged spread of 'non-neutral police' fake news that made Aiman Witjaksono a reported person. The reason is because of the Constitutional Court's Decree (MK).

It is known that the Constitutional Court removed Articles 14 and 15 of Law number 1 of 1946 regarding the criminal threat of spreading false news that caused trouble. The abolition was based on decision number 78/PUU-XXI/2023.

"Yes, it was stopped because of death, not having binding legal force," said Head of Public Relations of Polda Metro Jaya Kombes Ade Ary Syam Indradi to reporters, Thursday, March 28.

The Constitutional Court's decision regarding the abolition was issued on March 21, 2024.

Ade also said that in law there is a legality principle in Article 1 paragraph 1 of the Criminal Code. Where, it is explained that the act can be punished if there are rules governing it.

In the Aiman case, the alleged article has been deleted. Thus, it cannot be automatically processed by law

"Abuah perbuatan ini pidana atau bukan dapat dihukumkan atau tidak dilihat dulu ada aturan atau tidak sekarang persangkaan penyidik terhadap peristiwa yang sedang diadik itu adalah pasal 14 dan 15 sementara aturannya turun tidak ada sehingga tidak dapat disidik," kata Ade.

As a reminder, this case began when Aiman uploaded a video on his personal Instagram account @aimanwitjaksono who said the police were not neutral in the 2024 election.

With the video, there were parties who made the report. At least, Polda Metro Jaya received six police reports (LP) related to the alleged spread of fake news.

In that report, Aiman Witjaksono is suspected of violating Article 28 paragraph 2 in conjunction with Article 45 Paragraph 2 of Law Number 19 of 2016 concerning ITE and or Article 14 and or Article 15 of Law Number 1 of 1946 concerning Criminal Law Regulations.