Bailiff checking attendance list at the petition revision hearing for the judicial review hearing of the Law on Electronic Information and Transactions, Tuesday (9/10/2024). Photo by MKRI/Ilham W. M.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another material judicial review hearing of Article 27A in conjunction with Article 45 paragraph (4) and Article 28 paragraph (2) in conjunction Article 45A paragraph (2) of Law No. 1 of 2024 on the Second Amendment to Law No. 11 of 2008 on Electronic Information and Transactions (EIT). The second hearing for case No. 105/PUU-XXII/2024, petitioned by Karimunjawa resident in Jepara Regency, Daniel Frits Maurits Tangkilisan on Tuesday, September 10, 2024 in one of the panel courtrooms.

Constitutional Justices Enny Nurbaningsih (panel chair), Daniel Yusmic P. Foekh, and Asrul Sani examined the revisions to the petition, which were presented by legal counsels Rangga Sujud Widigda and Tondi Nikita Lubis.

The Petitioner has affirmed his legal standing and potential constitutional impairment due to the enforcement of the norms being petitioned. He has also improved the subject matter by elaborating the violation to the constitutional rights protected under Article 28D paragraph (1) of the 1945 Constitution and the constitutional right to equality before the law protected under Article 27 paragraph (1).

“This elaboration served to reinforce the articles in the 1945 Constitution. We also explained the definition of corporation as the excluded party. Lastly, we also revised the petitums,” Rangga said.

Also read: Activist Challenges EIT Law for Arrest After Video on Environmental Protection

At the preliminary hearing on Monday, August 26, the Petitioner’s legal team explained that the Petitioner is an environmental activist and a member of the Kawal Indonesia Lestari Coalition (Kawali) who fights for, preserves, and promotes awareness of environmental protection through contents or materials on various social media platforms.

He feels that he has become a victim of the catchall implementation of the EIT Law. A video he had uploaded on his Facebook page showing the pollution of one of the beaches in Karimunjawa garnered strong reactions.

The Petitioner’s statement was not directed at a particular person nor was it intended to incite hatred on the basis of ethnicity, religion, race, and group. However, he was subjected to legal proceedings and arrest. He was charged with a violation of: (i) Article 45A paragraph (2) in conjunction with Article 28 paragraph (2); or (ii) Article 45 paragraph (3) in conjunction with Article 27(3) of the 2016 EIT Law. Thus, he believes his constitutional rights had clearly been violated.

The Jepara District Court found the Petitioner guilty under the old EIT Law (of 2016). In May 2024, the Semarang High Court acquitted him, but the public prosecutor filed an appeal against the Decision No. 374.PID.SUS/2024/PT SMG. He feared that this could potentially led to him being charged with the new EIT Law (2024). Therefore, he has legal standing in submitting this case to the Constitutional Court.

“The Petitioner believes Article 27A in conjunction with Article 45 paragraph (4) of the EIT Law, especially the phrase ‘other people’, does not provide legal certainty. The definition of ‘victims’ is very broad, so anyone can become the object of complaint. For this reason, it is necessary to limit its interpretation as manifested in Law No. 1 of 2023 on the Criminal Code (KUHP 2023),” said legal counsel Damian Agata Yuvens.  

Author            : Sri Pujianti
Editor             : N. Rosi
PR                 : Fauzan F.
Translator       : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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