PALU - The public prosecutor's accusation in the case of alleged defamation through electronic media against Pastor Wahjudi Pranata was considered problematic by the defendant's legal team. This was conveyed in a trial at the Palu District Court, Tuesday, March 10, during the reading of the note of resistance or objection to the prosecutor's indictment.
Wahjudi Pranata's lawyer, M Mahfuz Abdullah, stated that the prosecutor's indictment contained formal and material defects, even using an article that was considered no longer applicable. Therefore, his party asked the panel of judges to declare the indictment null and void.
This matter started from a report by Joseph Hong Kah Ing against Wahjudi Pranata for allegedly defaming him through a voice note in a WhatsApp group. Wahjudi, who is now 72 years old, is a colleague of Hong Kah Ing, a fellow priest at the Abbalove Church in Jakarta.
In the voice message, Wahjudi advised Hong Kah Ing not to evade when asked for information by businessman Agam Tirto Buwono regarding the alleged falsification of a number of documents in the purchase process of PT Teknik Alum Service (TAS). The message was then considered slander and defamatory so that it was reported to the Central Sulawesi Police.
Based on the report, Wahjudi Pranata was charged with violating Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. The indictment is also linked to the provisions in Article 433 paragraphs (1) and (2) and Article 424 paragraph (1) in conjunction with Article 441 paragraph (1) of Law Number 1 of 2023 concerning the Criminal Code.
The trial, which was held in the Chandra room of the Palu District Court, had the agenda of reading the note of resistance, which was previously known as an exception. In the 22-page note of resistance, Mahfuz conveyed a number of objections to the prosecutor's indictment.
According to him, one of the fundamental issues is the use of Article 27 paragraph (3) of the ITE Law which is considered to have been revoked through Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning ITE.
"If the indictment uses a repealed article, then the public prosecutor's indictment no longer has a legal basis. Therefore, we ask the panel of judges to declare the indictment null and void," said Mahfuz at the trial.
In addition, he also assessed that the prosecutor's accusation of obscur or libel was because it did not clearly describe the elements of the alleged criminal act.
Mahfuz stated that the statement made by Wahjudi in the voice message was the actual fact. He said that Hong Kah Ing was indeed suspected of falsifying a number of documents related to PT TAS and the case is currently still in the legal process at the Polda Metro Jaya.
"The description of the events conveyed is the actual fact. Therefore, it cannot be immediately categorized as slander," said Mahfuz.
The legal team also questioned the authority of the Palu District Court to try the case. According to Mahfuz, based on the theory of material acts, the theory of tools (instruments), and the theory of consequences, all events in this case occurred in Jakarta.
He said the defendant, the reporter, and the witnesses who were members of the WhatsApp group were in Jakarta, so the Palu PN was considered not to have the authority to try the case.
The panel of judges adjourned the trial and will continue it on March 31 with the agenda of listening to the response from the public prosecutor to the note of resistance.
After the trial, Mahfuz again reiterated that his party had judged this case to be too forced from the beginning. He also stated that the legal team planned to report the alleged criminalization in the case to the National Human Rights Commission, the Professional and Security Division of the National Police Headquarters, the Indonesian Attorney General's Commission, and Commission III of the Indonesian House of Representatives.
"This fact must be revealed clearly so that the law can run properly and fairly," he said.
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