Lucky To Be Peaceful: Alfamart Employee Who Video Video Of Mother Stealing Chocolate And Then Viral, Risks Legal Entrapment
JAKARTA - Even though the case has been resolved through a peace agreement between the two parties, the commotion between the chocolate and shampoo 'thief' woman and the employees of Alfamart Cisauk Tangerang, is an example of a case that needs to be observed or even can be a lesson.
A legal observer is of the opinion that each party has different legal consequences, between attempted theft and alleged violations of the ITE Law.
Rudy Marjono as Chairman of the Indonesian Law Enforcement Consortium (KOPHI) argued that in this case there were two different legal issues that each party had.
“First, the attempted theft by the mother in question. Second, the act of uploading to social media by Alfamart employees regarding the attempted theft." said Rudy Marjono when contacted on Monday, August 15.
According to Rudy, the two cases must be understood because they contain different punishments. In fact, he said, both parties have independent legal consequences.
"The mother can be reported for the crime of attempted minor theft Article 364 Jo. Article 53 of the Criminal Code in accordance with Perma No. 2 of 2012. And for the Alfamart employee who uploaded the incident to social media, if you have the intention to make the mother's actions known to the general public, even embellished with negative narratives, of course that is also not justified by law." Rudy said.
Rudy continued, if the employee's intention was to have a negative element, then he could be ensnared by the law.
“There is the potential for the employee to be subject to criminal defamation under the ITE Law. So when viewed from the weight of the criminal consequences that can be imposed, the two parties are of course the employee who is at risk of receiving a much heavier criminal threat than the theft of the mother in question. Moreover, he said he had already made payment for the goods he took." he said.