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Nuril case reinforces need for ITE Law revision

The case of Baiq Nuril Maknun, the West Nusa Tenggara (NTB) woman who was convicted of defaming her alleged sexual harasser, has once again led to demands for a revision of the controversial Electronic Information and Transactions (ITE) Law to remove the catch-all clauses that were used in Nuril’s prosecution

Karina M. Tehusijarana and Ghina Ghaliya (The Jakarta Post)
Jakarta
Fri, July 12, 2019

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Nuril case reinforces need for ITE Law revision

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span>The case of Baiq Nuril Maknun, the West Nusa Tenggara (NTB) woman who was convicted of defaming her alleged sexual harasser, has once again led to demands for a revision of the controversial Electronic Information and Transactions (ITE) Law to remove the catch-all clauses that were used in Nuril’s prosecution.

Presidential staffer Jaleswari Pramodhawardani said revisions to the law should be considered to prevent cases such as Nuril’s happening again.

“We have received several suggestions and complaints from many experts about the elastic clauses in the ITE law,” she said after meeting with a group of activists advocating for Nuril on Thursday, as quoted by Antara news agency. “Going forward it is important for us to consider how to ensure the law does not ensnare innocent victims.”

Nuril was found guilty of circulating a recording of a phone call in which the principal of the school where she was working at, Muslim, related the sordid details of an affair he had with another woman.

The NTB district court acquitted Nuril in 2017, but the Supreme Court sentenced Nuril to six months imprisonment and fined her Rp 500 million (US$34,218) after finding her guilty of violating Article 27 paragraph 1 of the ITE Law.

While the ITE law was initially passed to regulate electronic transactions, activists have long called for revision of the law because it has more often been used to prosecute alleged defamation and hate speech.

Article 27 of the law, which forbids transmitting or creating online material containing lewdness, gambling, defamation, and/or blackmail, accounts for most of the police reports and prosecutions under the law.

According to data compiled by Southeast Asia Freedom of Expression Network (SAFEnet), 198 of the 267 ITE Law cases since the law’s inception in 2008 have involved Article 27.

The remaining cases have mostly fallen under Article 28, which bans online hate speech, and Article 29, on online extortion, which activists say should also be revised because of their ambiguity.

Other high-profile ITE cases include that of musician and opposition activist Ahmad Dhani, who was convicted of violating the law twice — once under Article 28 and once under Article 27.

Previously, Buni Yani, an opposition supporter, was convicted for violating Article 32 of the law, after selectively editing a video in which former Jakarta governor Basuki Tjahaja Purnama warned Thousand Islands regency residents about people using Quranic verses for political gain.

During a visit to the House of Representatives to plead her case on Wednesday, Nuril said that she did not actually understand the provisions of the law.

She added, however, that no one should experience what she had gone through.

“I don’t understand the law. I can only hope that there will be no other victims,” she said.

Nuril’s lawyer Joko Jumadi agreed that the government and the House should indeed revise the law. However, he said the main problem in Nuril’s case was its wrongheaded implementation, citing the fact that the “expert” witness in the case did not even have a university degree.

“He testified that transferring a file from a flash drive was an electronic transaction,” Joko said.

Prosperous Justice Party (PKS) lawmaker Nasir Jamil, who sits on House Commission III overseeing legal affairs, called on the President to evaluate the law because it had no clear enforcement guidelines, as evident in Nuril’s case.

“The law should not only secure someone’s privacy but also must be able to provide justice to people,” he said. “The intention to protect people’s dignity is good, but there is no oversight of the law enforcement process.”

House Speaker Bambang Soesatyo, however, said the House had yet to receive a proposal from the public or the government for a revision of the ITE Law.

“The public should submit a proposal to us so that we can conduct a review of the law later,” Bambang said on Wednesday.

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