Jakarta, IO – Lokataru Law and Human Rights Office executive director Haris Azhar and Coordinator of the Commission for Missing Persons and Victims of Violence (KontraS) Fatia Maulidiyanti were acquitted in a case of alleged defamation against the Coordinating Maritime Affairs and Investment Minister Luhut Binsar Pandjaitan.
Chief Judge Cokorda Gede Arthana assessed that Haris and Fatia were not legally and convincingly proven guilty of committing a criminal act, per CNN Indonesia, Mon (8/1).
This is based on Article 27 (3) in conjunction with Article 45 (3) of the law on Information and Electronic Transactions (UU ITE) in conjunction with Article 55 (1) of the Criminal Code as in the first indictment.
This sentence is lighter than the public prosecutor’s demand that Haris be sentenced to four years in prison and a fine of Rp1 million, subsidiary to six months in prison.
On the same occasion, member of the bench Muhammad Djohan Arifin stated that the element of insult was not met in this case. The panel of judges was of the opinion that the conversation between Fatia and Haris did not fall into the category of insult and defamation.
“Because what is found in the video podcast is a study, comments, opinion analysis and assessment of the results of a rapid study carried out by a civil society coalition,” he said at the East Jakarta District Court.
Djohan also said that the article on insult or defamation is also not met according to the law. According to him, the use of the word ‘Lord’ refers to Luhut’s position.
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“Considering that all the judges considered that the phrase ‘Lord’ to refer to Luhut was not meant as an insult to his reputation. The word does not describe a bad, ugly or physical insult but refers to his status as a senior minister,” said Djohan.
Luhut previously reported Haris and Fatia to the police on complaint of defamation. During the trial, a number of witnesses, including Luhut, were called to give testimony before the panel of judges. However, Haris and Fatia refused to testify. (at)