Applicant’s Attorney (Left-Right) Okta Heriawan and Kurniawan delivered petition revision at judicial review session on the Criminal Code (Kitab Undang-Undang Pidana –KUHP) on Wednesday at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

Two Community Sponsored Organization (Lembaga Swadaya Masyarakat –LSM) activists Agus Slamet and Komar Raenudin did not conduct revision on judicial review on the Criminal Code (Kitab Undang-Undang Pidana –KUHP) on Wednesday (1/4). Both charged with criminal offense on Article 27 (3) Act No. 11 Year 2008 of Electronic Transactions & Informations (Undang-Undang Informasi Transaksi Elektronik) towards Tegal City Mayor & council member defamation on social media Facebook.

Represented by their Attorney Kurniawan, the Applicant explained that they had not made revision yet due to their financial constrain. Therefore, the Applicant handed over the petition continuation to the judge panel. “Hands over entirely to the Court and not revise the petition due to financial constrain, Your Majesty. However, we as Applicant’s Attorney completely hands over to the Court to assess whether or not the petition appropriate to be proceeded,” said him in front of the Judge Panel led by Constitutional Judge Wahiduddin Adams.

In his petition, the Applicant considered their constitutional rights had impaired with the provisions of Article 316 and Article 319 the Criminal Code. Article 316 states “The penalties set forth in the previous articles in this chapter, can be added with one-third of it if the defamation occurs to an official at the time (he served –red) or because he served lawful duties.” While Article 319 states “Insults that shall be sentenced to criminal penalties under this chapter, are not prosecuted if there are no complaints from people affected by the crime, except based on Article 316.”

The Applicant assessed charges against them will not be occurred if phrase ‘except based on Article 316’ noted on Article 319 the KUHP removed. It because the phrase was not relevant, in accordance with the MK Verdict No. 13-027/PUU-IV/2006 that basically the Court stated a President and Vice President cannot be granted the privileges that caused them acquired position and treatment on different dignity before the law and other citizens. The Applicant viewed President and Mayor were state officials, therefore consideration on the verdict was also applied to entire state officials, included Tegal Mayor. The phrase ‘except based on Article 316’ noted on Article 319 the KUHP was assessed had given chances to state officials to get the privileges and treated individual substantively on different dignity before the law and other citizens. It because the provision stated that when criminal offenses occurred to state officials, complaint offenses were not needed. Based on the provision, the Applicant considered phrase on Article a quo contrary to Article 1 (3), Article 27 (1), and Article 28 (1) the 1945 Constitution (Undang-Undang Dasar 1945). (Lulu Anjarsari/Prasetyo Adi N.)