Judge Sentenced Hendra Lie 10 Months In Prison Related To Defamation

The Panel of Judges at the North Jakarta District Court (PN)

JAKARTA - The panel of judges at the North Jakarta District Court (PN) led by Chief Justice Yusti Cinianus Radja accompanied by Hafnizar and Wijawiyata member judges sentenced the defendant, led by PT Mata Elang Production (MEIS) Hendra Lie (72) to 10 months in prison in connection with a defamation case.

"Declaring that the defendant Hendra Lie was legally and convincingly proven guilty of committing a criminal act and made accessible electronic information and or electronic documents containing insults and/or defamation in the second alternative indictment," said Chief Judge Yusti Cinianus Radja in Jakarta, Antara, Thursday, October 31.

The panel of judges sentenced the defendant to 10 months in prison and a fine of Rp. 200 million, provided that if the fine was not paid, it would be replaced with imprisonment for one month.

The panel of judges sentenced the defendant to a lighter sentence than the demands of the Public Prosecutor's team (JPU) Peter Low, Arga Febrianto and Dawin Gaja who sentenced the defendant to 1 year in prison and a fine of 200 million rupiah.

The Assembly explained that the podcast video related to the case contained slander and hoaxes about the victim's personality, which was then uploaded to the public and accessible to the wider community, thus harming Fredie Tan as the victim.

In the Youtube broadcast that had gone viral, witness Rudi S Kamri acted as the host, manager, as well as the owner or person in charge of the Youtube channel for the nation's children, while the defendant Hendra Lie was a podcast resource person.

"The two defendants agreed to jointly create and record the Youtube podcast, then upload it twice, namely on November 20, 2022 and March 8, 2023, so that the broadcast can be accessed by the public and went viral," said the panel of judges.

The judge said the defendant had openly attacked the honor of victim Fredie Tan, who is a businessman, who felt defamed.

In addition, the defendant slandered and spread hoax news in podcasts aimed at the victim's personality, such as calling the victim a black entrepreneur, committing corruption and harming the state, even victim Fredie Tan had been banned and made a suspect.

In fact, according to the panel, the statement made by the defendant through the electronic media could not be proven concretely. This was proven when the agenda for the trial stage was proven by the defendant, the defendant failed to show evidence supporting his remarks.

According to the panel of judges, the defendant's actions were prohibited acts, as regulated in the ITE Law on criminal acts, he participated in insulting and/or defamation through electronic media and/or attacking someone's honor or good name verbally and/or slander as referred to in Article 45 paragraph (3) in conjunction with Article 27 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions in conjunction with Article 55 paragraph (1) 1.

In the previous trial, a criminal law expert from the University of Indonesia Flora Dianti said related to the evidence of violating the Electronic Transaction Information Law (UU ITE) must prove article 27 paragraph 3 of the ITE Law.

The article regulates the prohibition of spreading electronic content that is insulting and defamation of a person. The element intentionally without the right to transmit, distributing electronic information so that accessible to many people is criminal and must be proven according to the facts against article 27 of the ITE Law, namely by will, intentionally against the law.

According to Flora, the podcast is an absolute complaint offense article, so if someone in the podcast is defamed and someone feels uncomfortable and disadvantaged, then there is the honor of being defamed.

Those who can assess whether there is defamation against themselves if uploaded in content, then those who can judge whether they have been defamed or not are their own victims. The content depends on the assessment of the self-esteem of someone who feels defamed, "explained Flora.

Meanwhile, the victim's attorney, namely Suriyanto in Jakarta, Friday, said that victim Fredie Tan would like to thank and give the highest appreciation to the panel of judges who have decided the case fairly.

"This proves that all of the defendant's words are very heinous slander, which is nothing but aimed at killing our client's character in the eyes of the community," said Suriyanto.

He also appealed to the defendant not to re-upload, review and/or create negative news aimed at leading the opinion that his client Fredie Tan was involved in a legal case.

"We will take firm steps to take legal action if negative news shows against Mr. Fredie Tan, our client," said Suriyanto.

In the video that was distributed, Fredie Tan alias Awi is described as a black businessman and a big corruptor who deserves to be imprisoned.

"In fact, Fredie Tan is a law-abiding businessman and has never been named a suspect, all the accusations in the podcast have now proven to be slander," said Suriyanto.

Fredie Tan alias Awi is the owner of PT Wahana Agung Indonesia Propertindo, who is collaborating with PT Pembangunan Jaya Ancol, Tbk in the construction and management of the Beach City International Stadium on the East Coast of Carnival Ancol.

On the other hand, the defendant Hendra Lie was the tenant of one of the rooms in the building, using the International Eagle's Eye flag (MEIS). However, his contract was terminated by the court because it was proven to have defaulted so that the lease agreement was terminated.