Proven Not Violating ITE Crimes, Activists In Mataram Freely Sentenced

Court illustration (ANTARA)

The panel of judges at the Mataram District Court, acquitted activist M. Fihiruddin in connection with the alleged violation of the Law on Information and Electronic Transactions (ITE) reported by the West Nusa Tenggara Regional House of Representatives (DPRD).

"Declaring that the defendant M Fihiruddin has not been legally and convincingly proven guilty of committing a criminal act as charged in the indictment of the public prosecutor," said Chief Justice Kelik Trimargo reading the verdict at the Mataram District Court, quoted by ANTARA Wednesday, July 26.

By stating this, the judge acquitted the defendant from all charges by the public prosecutor.

"Restoring the defendant's rights in his abilities, position, dignity and dignity. Determining all evidence is returned to the defendant M. Fihiruddin," he said.

The prosecutor in the previous description of the indictment has described the issue that ensnared Fihiruddin.

The issue that came to court was related to Fihiruddin's act of uploading sentences with the context of asking for clarification from the chairman of the NTB DPRD regarding the issue of three legislative members who were caught using drugs and having redeemed Rp150 million per person during a working visit to Jakarta.

Fihiruddin filed a request for clarification to the chairman of the NTB DPRD in a "WhatsApp" group called "POJOK NTB".

For this action, the public prosecutor charged Fihiruddin with violating Article 14 and/or Article 15 of Law of the Republic of Indonesia Number 1 of 1946 concerning Criminal Law Regulations and/or Article 28 paragraph (2) in conjunction with Article 45 paragraph (2) of Law of the Republic of Indonesia Number 19 of 2016 concerning amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions.

In the indictment, the prosecutor stated that the defendant was legally and convincingly proven guilty of committing a criminal act intentionally and without the right to spread information aimed at causing hatred or hostility within the NTB DPRD.

With these demands, the prosecutor convinced the judge that the defendant's actions violated Article 28 paragraph (2) in conjunction with Article 45 paragraph (2) of the Republic of Indonesia Law Number 19 of 2016 concerning amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions according to the alternative indictment of the first public prosecutor.

The prosecutor also asked the panel of judges to sentence Fihiruddin to 7 months in prison.

Spokesperson for the NTB Prosecutor's Office, Efrien Saputera, responded to the decision saying that the public prosecutor still had to report the results of the trial to the leadership.

"What is certain is that we will appeal, because the decision is free. However, it is waiting for directions from the leadership, because it must be reported first," said Efrien.