Soroti Kasus Amsal Sitepu, Praktisi Hukum Desak Perlindungan Hukum bagi Pekerja Kreatif

Legal practitioner and Managing Partner of Frank Solicitors, Frank Hutapea. (Photo: Special)

JAKARTA - Legal practitioner and Managing Partner of Frank Solicitors, Frank Hutapea, emphasized the need to strengthen legal protection for workers in the creative economy sector. This was conveyed in response to the development of legal cases that ensnared Amsal Sitepu creative workers in North Sumatra.

Frank, who also serves as Head of the National Creative Economy Movement (Gekrafs) Law, expressed full support for the attitude of the General Chairman of Gekrafs who asked that creative workers be protected from the clutches of the law, especially if they work professionally without bad intentions to harm the country.

"The creative economy ecosystem has unique characteristics that require legal certainty so that perpetrators can innovate without the shadow of criminalization. We appeal to the Head of the High Prosecutor's Office (Kajati) and Deputy Head of the High Prosecutor's Office (Wakajati) of North Sumatra to review the substance of the case and the charges imposed in this case," he said in a written statement, Monday, March 30.

According to him, law enforcement officers need to see clearly whether there is mens rea or malicious intent to harm state finances, or whether the problem is purely in the realm of administration and professionalism.

Previously, the General Chair of Gekrafs, Kawendra Lukistian, emphasized that creative workers are national assets that must be protected by fair regulations. Without adequate protection, it is feared that collective fear will arise among creative service providers in establishing cooperation with public and private institutions.

The case that befell Amsal Sitepu himself began with his involvement in a capacity building service procurement project at an institution in North Sumatra. During the trial, Amsal was charged with involvement in practices that harmed state finances related to the implementation of the activity.

However, the position of Proverbs as a creative technical executor triggered a debate about the extent to which criminal responsibility can be imposed on service workers who do not have authority in budget policy.

The heavy charges filed by the prosecutor against Amsal Sitepu are now under scrutiny because they are considered to blur the boundaries between administrative negligence and criminal corruption. Legal practitioners assess that Amsal only carried out his professional function as a service provider according to the contract, without any strong evidence regarding the motive to enrich himself illegally.

The review of this case is expected to provide a more just legal precedent for thousands of other creative workers in Indonesia.