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Judges reject exceptions in online libel case
Showing solidarity: Supporters of Ervani, the defendant in a case of alleged defamation via Facebook, stage a peaceful rally in front of the Bantul District Court, Yogyakarta, on Monday
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Showing solidarity: Supporters of Ervani, the defendant in a case of alleged defamation via Facebook, stage a peaceful rally in front of the Bantul District Court, Yogyakarta, on Monday. They carried a coffin to symbolize the death of democracy caused by the implementation of the 2008 Electronic Information and Transactions (ITE) Law. (JP/Bambang Muryanto) (ITE) Law. (JP/Bambang Muryanto)
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span class="inline inline-left">Showing solidarity: Supporters of Ervani, the defendant in a case of alleged defamation via Facebook, stage a peaceful rally in front of the Bantul District Court, Yogyakarta, on Monday. They carried a coffin to symbolize the death of democracy caused by the implementation of the 2008 Electronic Information and Transactions (ITE) Law. (JP/Bambang Muryanto)Presiding judge Sulistyo M.Dwi Putro said the Bantul District Court rejected the exceptions proposed by the legal team of Ervani Emi Handayani, who was being tried for her alleged libelous remarks via Facebook, in court on Monday.
'The judge panel considered that the exceptions of the defendant's lawyers did not have any legal basis, therefore the case can be continued,' said Sulistyo when he read out the court's interval ruling.
Sulistyo said the judge panel rejected two points of exceptions proposed by the defendant's lawyers. First, the defendant was not accompanied by lawyers during a preliminary investigation at the police, and second, there were some mistakes in the chronological order of alternative charges against the defendant.
'The judge panel considered that the issue of whether or not the defendant was accompanied [by lawyers] during the preliminary investigation process at the police was material beyond exceptions, as stipulated in Article 156 [1] of the Criminal Law Procedures Code [KUHAP],' said Sulistyo.
On the second objection, the judge panel considered that alternative charges put forward by prosecutors had fulfilled Article 143 (2) of the KUHAP and Article 53 of the 2008 Electronic Information and Transaction (ITE) Law.
The trial will continue on Thursday, when the testimonies of witnesses proposed by both the defendant and Diah Sarastuty aka Ayas, who reported Ervani's alleged slanderous comments posted on her Facebook account to the police, will be heard.
Ervani's neighbors from Gedongan village, Bangunjiwo, Bantul, supported the defendant by holding a peaceful rally during the hearing on Monday. The protesters, who were mostly women, wore a headband emblazoned with the words 'Free Ervani'.
Ervani's supporters carried a coffin covered with a piece of white cloth with the words 'Reject the Criminalization of Freedom of Speech' and 'ITE Law Kills Democracy'.
After the hearing, which ran for only 10 minutes, Ervani's supporters continued their rally in front of the Bantul Legislative Council (DPRD) compound.
Yogi Zulfadli of the Yogyakarta Legal Aid Foundation (LBH) said Ervani's Facebook comments were not libelous in nature.
'We urge the DPRD Bantul to initiate the revision of the ITE Law, especially Article 27 [3], which has been used to criminalize its residents,' he said. (ask/ebf)(++++)
