Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the trial process of Mr. Anoldy Bahari, a resident of Gadog village, Cibitung sub-district, Pandeglang Regency, Banten Province. The judges of Pandeglang District Court ignored evidence, witnesses and defence petitions submitted by Alnoldy. On the contrary, the judges merely considered the witnesses and the facts submitted by the public prosecutors. There is strong allegation that the Pandeglang judges have seriously violated fair trial principles and due process of law.
UPDATED INFORMATION:
On 30 April 2018, the judges of Pandeglang District Court (Pengadilan Negeri Pandeglang) sentenced Mr. Alnoldy Bahari with five-years imprisonment and a fine of IDR 1,00,000,000 (One Hundred Million Rupiah). Alnoldy was charged and sentenced under national law number 19 of 2016, on Electronic Information and Transactions (ITE); in particular article 45 paragraph 2 and article 28.
According to Alnoldy’s lawyer from the Jakarta Legal Aid, the panel judges which were led by Justice Kony Hartanto simply ignored witnesses, evidence and defence petition submitted by Alnoldy. The judges only considered evidence and witnesses presented by the public prosecutors. The panel judges merely used a dictionary (Kamus Besar Bahasa Indonesia) to interpret Alnoldy’s Facebook entries. Thus, in this regard the judges simply ignored the facts and the petition submitted by the lawyers. Moreover, the judges also ignored the legal defect that occurred during the investigation process, which had been reported by the lawyers. The judges also did not take into account Alnoldy’s willingness to apologize and cooperate in the trial process. On the contrary, the judges consider that Alnoldy’s Facebook entries have resulted in public disharmony, but they did not explain the parameters of public disharmony in the case.
In addition, the judges also ignored the absence of forensic experts requested by the lawyers to examine whether or not the Facebook entries are original. Further, during the trial there were mass protests inside the court room, with people demanding the judges impose heavy sentences to Alnoldy; this put the judges under pressure in dealing with the case.
ADDITIONAL INFORMATION
Since the implementation of the ITE Law, the sentence of five-years imprisonment given to Alnoldy Bahari is the second highest sentence enforced by the judges. Previously, in 2011, Pontianak District Court sentenced Mr. Sandy Hartono with six years imprisonment and a fine of IDR 500,000,000 (Five Hundred Million Rupiah). He was found guilty of producing a false Facebook account and insulting Islam on Facebook.
SUGGESTED ACTION:
Please write to the authorities listed below and ask them to ensure that the Banten High Court as well as the Supreme Court reviews the sentence of Pandeglang District Court fairly. Moreover, the Judicial Commission and the National Commission on Human Rights should be more active to review the sentence and follow up if any legal defects are found. In addition, the Chief of National Police should also take note of any defects, and take action against any responsible police officers.
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 and Special Rapporteur on freedom of religion or belief, calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Pandeglang man sentenced with five-years imprisonment and 100 million Rupiah fine for Facebook entries
Name of victims: Mr. Alnoldy Bahari and family
Names of alleged perpetrators: Pandeglang Police Officers; Messrs. Solihin, Indra and Dudi (residents of Gadog Village)
Date of incidents: Between 2017 to 2018
Place of incident: Gadog Village, Cibitung sub-district, Pandeglang Regency, Banten Province.
I am writing to voice my deep concern regarding the trial process of Mr. Anoldy Bahari, a resident of Gadog village, Cibitung sub-district, Pandeglang Regency, Banten Province. The judges of Pandeglang District Court ignored evidence, witnesses and defence petitions submitted by Alnoldy. On the contrary, the judges merely considered the witnesses and the facts submitted by the public prosecutors. There is strong allegation that the Pandeglang judges have seriously violated fair trial principles and due process of law.
On 30 April 2018, the judges of Pandeglang District Court (Pengadilan Negeri Pandeglang) sentenced Mr. Alnoldy Bahari with five-years imprisonment and a fine of IDR 1,00,000,000 (One Hundred Million Rupiah). Alnoldy was charged and sentenced under national law number 19 of 2016, on Electronic Information and Transactions (ITE); in particular article 45 paragraph 2 and article 28.
According to Alnoldy’s lawyer from the Jakarta Legal Aid, the panel judges which were led by Justice Kony Hartanto simply ignored witnesses, evidence and defence petition submitted by Alnoldy. The judges only considered evidence and witnesses presented by the public prosecutors. The panel judges merely used a dictionary (Kamus Besar Bahasa Indonesia) to interpret Alnoldy’s Facebook entries. Thus, in this regard the judges simply ignored the facts and the petition submitted by the lawyers. Moreover, the judges also ignored the legal defect that occurred during the investigation process, which had been reported by the lawyers. The judges also did not take into account Alnoldy’s willingness to apologize and cooperate in the trial process. On the contrary, the judges consider that Alnoldy’s Facebook entries have resulted in public disharmony, but they did not explain the parameters of public disharmony in the case.
In addition, the judges also ignored the absence of forensic experts requested by the lawyers to examine whether or not the Facebook entries are original. Further, during the trial there were mass protests inside the court room, with people demanding the judges impose heavy sentences to Alnoldy; this put the judges under pressure in dealing with the case.
Therefore, I respectfully request you to ensure that the Banten High Court as well as the Supreme Court reviews the sentence of Pandeglang District Court fairly. Moreover, the Judicial Commission and the National Commission on Human Rights should be more active to review the sentence and follow up if any legal defects are found. In addition, the Chief of National Police should also take note of any defects, and take action against any responsible police officers.
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. Air Chief Marshal Hadi Tjahjanto
Chief of Indonesian Military
Mabes TNI Cilangkap Jakarta Timur
INDONESIA
Tel: +62 21 84595576, +62 21 8459-5326
Fax: + 62 21 84591193
Email: ppidtni@puspen.tni.mil.id
5. 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
6. 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
7. 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
8. Mr. Kahar Muzakir
Chairperson of the Commission III of The House of Representative
Ketua Komisi 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
9. Professor H. Muhammad Hatta Ali, SH, MH
The Chair of the Indonesian Supreme Court
Mahkamah Agung RI
Jalan Medan Merdeka Utara No 9-13
Tel: +62 21 3843348, +62 21 3810350, +62 21 3457661
Fax: + 62 21 3453553, +62 21 3454546
Jakarta 10110
INDONESIA
10. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557
11. Mr. HM Prasetyo
Attorney General of Republic of Indonesia
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337 , 7397602
Fax: + 62 21 7250213
12. Mr. Aidul Fitriciada Azhari
Chairperson of The Judicial Commission
Jalan Kramat Raya No. 57 Jakarta Pusat
INDONESIA
Tel: +62 21 3905876
Fax: +62 21 3906215
Email: pengaduan@komisiyudisial.go.id
13. Mr. Ahmad Taufan Damanik
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)
