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Buni Yani's post may have violated ITE Law without causing any harm: Expert
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Expert Teguh Arifiyadi [in black suit] listens to a judge's instruction in Buni Yani's pretrial hearing on Friday (JP/Safrin La Batu)
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rticle 28 of the Information and Electronic Transactions (ITE) Law does not require that any actual harm be caused in order for a post to be labelled criminal, an expert from the Communications and Information Ministry said on Friday.
Prosecutors need only prove that the person charged under the article has indeed made a post containing hate material, the expert, Teguh Arifiyadi, told South Jakarta District Court. The court was hearing a pretrial challenge brought by Buni Yani against his being named a suspect by the Jakarta Police for inciting religious and ethnic hatred when he posted a video on his Facebook page of Jakarta Governor Basuki "Ahok" Tjahaja Purnama making an allegedly blasphemous speech.
"[An alleged crime] may have been committed [under this article] without it having caused any harm," Teguh, who is the head of the ITE crime investigation division at the ministry, said.
(Read also: Ahok says Buni Yani’s post also hurt city's residents)
Buni has been charged with violating Article 28 of the ITE Law, which is punishable by up to six years’ imprisonment.The university lecturer has insisted on his innocence, saying that he merely intended the post to be shared by his inner circle of friends.
During questioning by the police, Ahok claimed that Buni's post had caused harm to him and the city and its residents. He pointed to two mass rallies held on Nov. 4 and Dec. 2 as having been triggered by Buni's post.(jun)
