Arteria Dahlan Case Cannot Be Continued, Polda Metro: DPR Has The Right To Immunity
JAKARTA - Polda Metro Jaya concluded that the report against Arteria Dahlan did not meet the criminal element. This conclusion is based on the results of several expert examinations and case titles.
"The opinion of Ateria Dahlan in this matter does not fulfill the element of spreading information containing hate speech based on SARA in Article 28 paragraph 2 of Law Number 19 of 2019 concerning amendments to Law Number 11 of 2008 concerning ITE," said the Head of Public Relations Polda Metro Jaya Kombes E. Zulpan told reporters, Friday, February 4.
In addition, Zulpan said, Arteria Dahlan could not be convicted under the provisions of Article 224 of Law No. 17 of 2014 concerning the MPR, DPR, DPD, and DPRD (MD3).
Where, in Article 1 of the Law it is explained that members of the DPR cannot be prosecuted before a court because of statements or opinions expressed either orally or in writing at DPR meetings or outside of their functions and powers and duties.
"What Arteria Dahlan said in this matter was done in an official working meeting," said Zulpan.
Then, Article 2 also explains that members of the DPR cannot be prosecuted before the court, because of their attitudes, actions, activities in the meeting or outside which are solely because of the constitutional rights and authorities of the DPR.
"Brother Arteria Dahlan's submission is protected by the immunity rights of council members as regulated in the MD3 Law," said Zulpan.
Arteria Dahlan was reported by the Sundanese Customary Council to the West Java Regional Police. The report was the aftermath of his statement questioning the use of the Sundanese language by the West Java High Court in the meeting.
However, the report was delegated to the Polda Metro Jaya. The reason is that the incident occurred within the jurisdiction of the Polda Metro Jaya.