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Yogyakarta court dismisses Facebook user'€™s objections

The panel of judges adjudicating the case of Ervani Emi Handayani, who stands accused of committing defamation on Facebook, turned down objections presented by her legal team on Monday at Bantul District Court, Yogyakarta

Bambang Muryanto (The Jakarta Post)
Bantul, Yogyakarta
Tue, November 25, 2014

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Yogyakarta court dismisses Facebook user'€™s objections

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he panel of judges adjudicating the case of Ervani Emi Handayani, who stands accused of committing defamation on Facebook, turned down objections presented by her legal team on Monday at Bantul District Court, Yogyakarta.

Reading out their interlocutory verdict, presiding judge Sulistyo M. Dwi Putro said that the objections had no legal basis.

'€œThat is why the case can proceed,'€ he said, adding that two objections had been rejected.

He said the first objection regarded the fact that the defendant was unaccompanied by a lawyer during the police investigation. The second, he added, pointed to systematic errors in the alternative charge.

'€œThe panel of judges considers whether or not the defendant was accompanied by a lawyer in the investigation process to be beyond the objection'€™s scope as stipulated in Article 156 (1) of the Criminal Law Procedure Code [KUHAP],'€ Sulistyo said.

Regarding the second objection, he added, the panel of judges had determined that the alternative charge proposed by prosecutors was consistent with Article 143 (2) of the KUHAP and Article 53 of the Electronic Information and Transaction (ITE Law).

The trial was adjourned until Thursday, when witnesses testimony will be heard from both the defendant and Diah Sarastuty, or Ayas, who filed the charges with the police.

Ayas was allegedly offended by Ervani'€™s comments on Facebook following the firing of the latter'€™s husband, who was Ayas'€™ coworker.

As in previous hearings, neighbors from Gedongan village, Bangunjiwo, Bantul '€” most of them women '€” came out to show their support for Ervani, each wearing a white head ban to show solidarity.

Prior to the trial, Ervani'€™s supporters also staged a rally demanding her release in front of the court building.

After the 10-minute hearing, the protestors marched to the Bantul regency legislative council building.

Ervani, her husband Alfa Janto and a team of lawyers from the Yogyakarta Legal Aid Institute (LBH), were among the demonstrators. They were received by council speaker Hanung Raharjo.

'€œWe ask for support and prayers so that the law can be upheld,'€ Alfa said.

Separately, Yogi Zulfadli of LBH Yogyakarta said that Ervani'€™s Facebook comments could not be called defamation.

He said that on her Facebook account Ervani merely called Ayas lebay (exaggerative) and childish.

'€œWe ask the Bantul legislative council to initiate a revision of the ITE Law, especially Article 27 (3), as it has been used to criminalize people,'€ Yogi said.

Hanung Raharjo expressed concern over the case and voiced support for Ervani.

However, he said the council could promise nothing because the case had already been taken up.

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