Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding a fabricated case against Mr. Dedi Sutanto. He was tagged on Face book concerning allegations of corruption involving a local businessman. His friends were also tagged. They reported to the Police and were charged with criminal defamation under Law No 11 of 2008 of the Information and Electronic Transaction (ITE). The media who published the news were never called in by the police, whereas people like Dedi were immediately tagged, summoned, and named as suspects.
CASE NARRATIVE:
On 10 August 2016, Mr. Dodi Sutanto, resident of North Sumatera province, had been sentenced by Medan district court judges to one year and two months imprisonment with a penalty of five million rupiah. Previously, Dodi was tagged on Face book with reference to a businessman in North Sumatera, allegedly involved in a corruption case and detained by the Corruption Eradication Commission (KPK.)
On 3 November 2015, the lawyer for the businessman filed a report with the police with allegations of criminal defamation under article 27 paragraph 3 of Law No 11 of 2008 regarding ITE.
After the lawyer filed his report with the police, their investigators immediately started looking into the case and named Dedi Sutanto as a suspect. On 11 March 2016, Dedi Sutanto was arrested and detained without a Judge being notified as required under article 43 paragraph 6 of the Law on ITE. Under article 43, police investigators cannot arrest or detain an accused or a suspect without initially notifying a Judge.
This case remains controversial, since the media itself has never been summoned by the police investigator. Previously the chair of the National Press Council (Dewan Pers), Mr. Yosep Adi Prasetyo, stated that the media which published the news was an illegal media. It was not registered under the Press Council, therefore the police can directly summon the media without consent of the Press Council.
Without taking into consideration the special procedure of the Law on Information and Electronic Transaction, the Medan district court judges sentenced Mr. Sutanto to one year and two months imprisonment. Dedi’s friends were also implicated, tagged and named as suspects.
ADDITIONAL INFORMATION:
Law No 11 of 2008 on ITE has been used to charge particular people. These would be human rights activists who circulated information and certain critics of government institutions and corporations. The law has been used to restrict the right to freedom of expression and opinion, in the extreme. Previously the AHRC documented criminal charges against activists under the Law on ITE. Two examples would be the cases of Mr. Erwin Natosmal Oemar who criticized the Police-the UA can be accessed at AHRC-UAC-008-2016, and Mr. Haris Azhar, a human rights defender who circulated information through social media and WhatsAp. He alleged the involvement of high ranking police officers and military personnel in the illegal drug business- AHRC-UAC-101-2016.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that fabricated cases under Law No 11 of 2008 on the ITE be stopped. The police must drop the investigation of Dedi Sutanto and his friends and release those who are still detained in police custody. Criminal defamation must be interpreted as a principle to be used in good faith. It cannot be applied to severely restrict the right to freedom of expression and opinion. This right is guaranteed and protected under the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a State party. Lastly, the police are required to respect the Indonesian Constitution (UUD 1945) which guarantees such rights.
The AHRC will write a separate letter to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA : Charged with criminal defamation under the ITE and tagged on Facebook
Name of victims : Dedi Sutanto and Friends
Names of alleged perpetrators : Police and a local businessman
Date of incident : 3 November 2015 – 10 August 2016
Place of incident : Medan, North Sumatera Province, Indonesia
I am writing to voice my deep concern regarding a fabricated case against Mr. Dedi Sutanto. He was tagged on Face book concerning allegations of corruption involving a local businessman. His friends were also tagged. They reported to the Police and were charged with criminal defamation under Law No 11 of 2008 of the Information and Electronic Transaction (ITE). The media who published the news were never called in by the police, whereas people like Dedi were immediately tagged, summoned, and named as suspects.
On 10 August 2016, Mr. Dodi Sutanto, resident of North Sumatera province, had been sentenced by Medan district court judges to one year and two months imprisonment with a penalty of five million rupiah. Previously, Dodi was tagged on Face book with reference to a businessman in North Sumatera, allegedly involved in a corruption case and detained by the Corruption Eradication Commission (KPK.)
On 3 November 2015, the lawyer for the businessman filed a report with the police with allegations of criminal defamation under article 27 paragraph 3 of Law No 11 of 2008 regarding ITE.
After the lawyer filed his report with the police, their investigators immediately started looking into the case and named Dedi Sutanto as a suspect. On 11 March 2016, Dedi Sutanto was arrested and detained without a Judge being notified as required under article 43 paragraph 6 of the Law on ITE. Under article 43, police investigators cannot arrest or detain an accused or a suspect without initially notifying a Judge.
This case remains controversial, since the media itself has never been summoned by the police investigator. Previously the chair of the National Press Council (Dewan Pers), Mr. Yosep Adi Prasetyo, stated that the media which published the news was an illegal media. It was not registered under the Press Council, therefore the police can directly summon the media without consent of the Press Council.
Without taking into consideration the special procedure of the Law on Information and Electronic Transaction, the Medan district court judges sentenced Mr. Sutanto to one year and two months imprisonment. Dedi’s friends were also implicated, tagged and named as suspects.
Therefore, I respectfully request that you ensure that fabricated cases, under Law No 11 of 2008 on the ITE, be stopped.
All investigations into Dedi Sutanto and his friends need to be closed. Those still remaining in police custody should be released. Criminal defamation should be interpreted as a principle to be used in good faith. It cannot be applied to restrict the right to freedom of expression and opinion. This right is guaranteed and protected under the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a State party.
The police have a duty of care and are required to respect and observe the Indonesian Constitution (UUD 1945) which guarantees such rights. Parliament needs to draft a revision of the Law on ITE. It has to be in line with the Constitution and the International Human Rights instruments which regulate and guarantee the right to freedom of expression and opinion.
I look forward to your prompt action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
6. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
7. Dr. HM. Azis Syamsuddin, SH
Chairperson of the Commission III of The House of Representative
KetuaKomisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
8. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
JL. Proklamasi No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 3190606 / +62 21 31927881
9. M. Imdadun Rahmat
Chairperson of the National Commission on Human Rights (Komnas HAM)
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
