MS 和其他沃加内特可以逃脱 ITE 法律报告， 警察的关键

JAKARTA - MS, an employee suspected of having experienced sexual violence and bullying by his office colleagues at the Indonesian Broadcasting Commission (KPI) was reported on suspicion of defamation by the reported parties. Reporting the ITE Law to MS goes hand in hand with police investigations into sexual violence and bullying. We are studying the phenomenon of reporting in response to this report.

Denny Harianta, the attorney for the two reported cases of MS, explained about the plan to report against MS. He rejected the legal action referred to as 'back-reporting'. According to Denny, reporting on MS goes independently. The basis for reporting is that MS publishes the identities of the reported parties before reporting to the police.

According to Denny, this has provoked an extrajudicial judgment against the complainants. "This results in our client as if he has become an alleged perpetrator ... In the legal world, the principle of the presumption of innocence is known. Our client should not be judged at this stage as a suspected perpetrator. The criminal incident is not yet clear," Denny told VOI, Tuesday, September 7th.

"So what we will report is the event before reporting, in which he (MS) releases the news first before reporting. The news release then goes up to social media and mass media. So from the aspect of the time of the incident, things are different from things that are rolling right now," added Denny.

But before publishing the story, MS had already reported to the police twice, in which the two reports were not followed up with an investigation. Denny replied that they considered the report that was processed to the investigation as the last report, which was indeed done after MS published its story. "It's a report that goes up and is being processed now," said Denny.

However, continuing to answer the question of logic in this case, Denny turned around. He said that in his view, Denny's 2017 report had actually been processed by the police. "But if in 2017 he reported it to the police and the police recommended that it be resolved internally, I think the police have already processed it."

"Because the evidence is that he received suggestions or directions to be resolved internally. That means it is processed, sir," Denny.

The attorney for the two reported cases in MS, Denny Harianta, said that his party used the Criminal Code and the ITE Law to ensnare MS and a number of netizens who were deemed to have defamed his client. He will explain the details tomorrow when reporting.

"So because it was carried out before the reporting occurred and then it was raised on social media and mass media, of course the law related to the Criminal Code and the ITE Law. We will convey the details later after we submit the report, mas, yes. So I don't want to let this be rushed "Hurry up, it will change later, right?" said Denny.

Chairman of the Association for Victims of the ITE Law (PAKU ITE) M Arsyad highlighted this phenomenon as a frequent occurrence in the context of the ITE Law. The legal basis for this rubber basically provides many loopholes for this kind of counter-reporting.

"When we talk about the formulation in the 2016 ITE Law, there is indeed a gap where the reported person can report back because in Article 27 paragraph 3 it does not explain what the meaning of pollution is. Anyway, it is only subjective from the reporter himself. can interpret," Arsyad told VOI, Tuesday, September 7.

Arsyad explained a number of the most common reasons why people use the ITE Law to criminalize other parties. First, barter things. This is the most common reason. In this context, the police are also the party most associated with the misuse of the ITE Law.

"Why do we include the police as the third cluster of users of the ITE Law, they are the bridge between the two clusters, namely investors and public officials ... These negotiations are ongoing in the investigation process or under investigation. For example, 'you withdraw your report then your pollution case also revoked. You both live in peace, so no one is imprisoned,'" explained Arsyad.

The second reason is as a shock therapy. It is widely used by officials and companies. "He asked the victims of the ITE Law to apologize in the mass media and so on. This is to give a warning, when you disturb me or criticize me, I will imprison you like him," said Arsyad.

"The third is definitely silencing, how to keep the person quiet and silent. One of the most effective ways is to bring them to justice." We asked Denny whether one of the reasons above was also the basis for reporting against MS and a number of netizens in the case of alleged defamation of his client.

"We only report factual events. What are factual events, yes, the criminal elements will be measured later. Meet the elements which are criminal. For us there is no barter. There is no silence. Why silence."

"This reporter has won more in the mass media. What do you want to silence? We don't want to silence it like that. Shock therapy doesn't exist either. If someone commits an act, it fulfills the elements, then it should be processed. That's all," said Denny.

Last June, National Police Chief Gen. Pol Listyo Sigit Prabowo, Minister of Communication and Information Johnny G Plate, and Attorney General ST Burhanuddin signed a Joint Decree on Guidelines for Criteria for Implementation of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. (IT Law).

The guidelines are expected to provide protection to the public from other forms of criminalization based on the ITE Law. "While waiting for a limited revision, the implementation guidelines signed by three ministers and one head of a ministerial-level institution can run and can provide maximum protection to the community," said Coordinating Minister for Politics, Law and Security (Menko Polhukam) Mahfud MD at the time.

The following are the points in the SKB Guidelines for the Implementation of the ITE Law:

a. Article 27 paragraph (1) The focus of this article is on the act of transmitting, distributing and/or making it accessible, not on the act of decency. Perpetrators intentionally allow the public to view or resubmit the content.

b. Article 27 paragraph (2) The focus of this article is on the act of transmitting, distributing, and making accessible gambling content that is prohibited or does not have a permit based on statutory regulations.

c. Article 27 paragraph (3) The focus of this article is:

(1) In an act that is done intentionally with the intention of distributing/transmitting/making accessible information the content of which attacks someone's honor by accusing something so that it is known to the public.

(2) It is not a criminal offense if the content is in the form of insults which are categorized as insults, ridicule, and/or inappropriate words, also if the content is in the form of judgments, opinions, evaluation results or a fact.

(3) It is a complaint offense so it must be the victim himself who reports, and not an institution, corporation, profession or position.

(4) It is not an offense of insult and/or defamation if the content is distributed through closed or limited group conversations.

(5) If journalists personally upload their personal writings on social media or the internet, then the ITE Law will still apply, unless it is carried out by the Press institution, then Law Number 40 of 1999 concerning the Press will apply.

d. Article 27 paragraph (4), the focus of this article is an act committed by a person or organization or legal entity and delivered openly or privately, either in the form of coercion with the aim of unlawfully benefiting oneself or others or threatening to reveal secrets, threatening to spread personal data, private photos and/or private videos.

e. Article 28 paragraph (1), the focus of this article is on the act of spreading false news in the context of electronic transactions such as online trading transactions and cannot be imposed on parties who default and/or experience force majeure. It is a material offense, so consumer losses as a result of fake news must be calculated and the value determined.

f. Article 28 paragraph (2) The focus of this article is on the act of spreading information that creates feelings of hatred or hostility towards individuals/community groups based on SARA. Submission of opinions, statements of disagreement or disapproval of individuals/community groups are not included in prohibited acts, unless those that are disseminated can be proven. Also read: This is the contents of Article 45C of the ITE Law which will be added by the government

g. Article 29 The focus of this article is on the act of sending information containing threats of violence or intimidation aimed at personally or threatening human life, not threatening to damage buildings or property and is a general offense.

h. Article 36 The focus in this article is that material losses occur to victims of individuals or legal entities, not indirect losses, not in the form of potential losses, and not non-material losses. The value of material losses refers to the Regulation of the Supreme Court Number 2 of 2012.

Chairman of the Association for Victims of the ITE Law (PAKU ITE) M Arsyad invites the public to highlight point d. The point basically explains that when "when there are other legal issues, then the ITE must wait for the process to finish first." This means that MS and netizens are very likely to escape, at least if there are attempts to criminalize cases based on the ITE Law, because after all, the reporting process against the ITE Law must wait for cases of alleged sexual violence and bullying to be completed.

Indeed, SKB 3 Institutions are only a guideline. This means that there is no obligation for the police to bind. But therein lies the test. Now the key is in the police, whether they want to carry out their duties professionally based on the SKB 3 Institution guidelines or not. Moreover, if the report is correct, a lawyer for the reported MS case will be carried out.

"The SKB has become a guideline. When the legal process comes out of the SKB, it must be questioned. The National Police Chief, Attorney General, and the Minister of Communication and Information have agreed that this SKB will be implemented and become the rules of the game when handling ITE Law cases."

"Because in defamation it cannot be represented. It cannot be represented to report an act of a libelous nature. That is clear. It is not only in the SKB. Article 310 of the Criminal Code is listed because it is a complaint offense. It cannot be represented."

*Read other information about SEXUAL HARASSMENT or read other interesting articles from Yudhistira Mahabharata.