JAKARTA, INDONESIA: Press organisations in Indonesia will request the Constitutional Court to review defamation articles in the Criminal Code, following the district court's conviction of senior journalist Bersihar Lubis.
The Depok District Court sentenced Bersihar to one month in prison Wednesday (20 Feb), before suspending his sentence and requiring three month's probation.
Bersihar was put on trial for insulting the Attorney General's Office (AGO) with his opinion article in Koran Tempo daily newspaper, titled Kisah Interogator yang Dungu (The Story of Stupid Interrogators).
The court found him guilty, saying he violated article 207 of the Criminal Code on insulting public institutions.
Presiding judge Suwidya said while Bersihar was an opinion writer, he should be accountable for the content of his work.
Press Legal Aid executive director Hendrayana said the organisation would ask for judicial reviews of the Criminal Code articles, including article 207, which had violated the freedom of the press.
"We will appeal for the review of some articles, including 207, 310 and 316 in mid March," he told The Jakarta Post.
Hendrayana said the organisation would coordinate the appeal for Bersihar and journalist Risang Bima Wijaya, the former general manager of Radar Yogyakarta daily, who was sentenced to six months in prison.
Sleman District Court, Yogyakarta, found Risang guilty of insulting Kedaulatan Rakyat daily owner Soemadi M Wonohito. Risang has been in prison since January this year.
Indonesian Press Council head Ichlasul Amal said the organisation had long planned to request judicial reviews of several articles.
"The problem is that appeals must be requested by those who are directly affected by the articles, not us," Amal told the Post.
He said the council would discuss the matters at a plenary session Feb 29.
"We will call on those who have been 'victimized' by the articles to request the reviews with us."
Alliance of Independent Journalists head Heru Hendratmoko said the organisation would support Bersihar in the judicial review.
"The articles are no longer relevant for a democratic country like Indonesia," he said.
Heru said he was hopeful the court would void those articles.
"There is a high possibility the articles will be annulled, because the Constitutional Court has already scrapped three other articles of defamation on the President and Vice President," he said.
In December 2006, the Constitutional Court made history by scrapping articles 134, 136 and 137 of the Criminal Code, which ruled that burning pictures of the President and Vice President and mocking them in public were insults.
The court reviewed the code as requested by lawyer Eggi Sudjana and activist Pandapotan Lubis.
Pandapotan was arrested after insulting the President at a rally, while Eggi was charged with defaming President Susilo Yudhoyono with his statement that Yudhoyono and his son had received Jaguar sedans from businessman Hary Tanoesudibjo. The report turned out to be fabricated.
The three articles made it difficult for people to criticise the President and his deputy, Court chief Jimly Asshiddiqie said during the hearing.
The articles undermined the country's process toward democracy by causing confusion as they were open to subjective interpretation, he said. (The Jakarta Post/ ANN)
The Depok District Court sentenced Bersihar to one month in prison Wednesday (20 Feb), before suspending his sentence and requiring three month's probation.
Bersihar was put on trial for insulting the Attorney General's Office (AGO) with his opinion article in Koran Tempo daily newspaper, titled Kisah Interogator yang Dungu (The Story of Stupid Interrogators).
The court found him guilty, saying he violated article 207 of the Criminal Code on insulting public institutions.
Presiding judge Suwidya said while Bersihar was an opinion writer, he should be accountable for the content of his work.
Press Legal Aid executive director Hendrayana said the organisation would ask for judicial reviews of the Criminal Code articles, including article 207, which had violated the freedom of the press.
"We will appeal for the review of some articles, including 207, 310 and 316 in mid March," he told The Jakarta Post.
Hendrayana said the organisation would coordinate the appeal for Bersihar and journalist Risang Bima Wijaya, the former general manager of Radar Yogyakarta daily, who was sentenced to six months in prison.
Sleman District Court, Yogyakarta, found Risang guilty of insulting Kedaulatan Rakyat daily owner Soemadi M Wonohito. Risang has been in prison since January this year.
Indonesian Press Council head Ichlasul Amal said the organisation had long planned to request judicial reviews of several articles.
"The problem is that appeals must be requested by those who are directly affected by the articles, not us," Amal told the Post.
He said the council would discuss the matters at a plenary session Feb 29.
"We will call on those who have been 'victimized' by the articles to request the reviews with us."
Alliance of Independent Journalists head Heru Hendratmoko said the organisation would support Bersihar in the judicial review.
"The articles are no longer relevant for a democratic country like Indonesia," he said.
Heru said he was hopeful the court would void those articles.
"There is a high possibility the articles will be annulled, because the Constitutional Court has already scrapped three other articles of defamation on the President and Vice President," he said.
In December 2006, the Constitutional Court made history by scrapping articles 134, 136 and 137 of the Criminal Code, which ruled that burning pictures of the President and Vice President and mocking them in public were insults.
The court reviewed the code as requested by lawyer Eggi Sudjana and activist Pandapotan Lubis.
Pandapotan was arrested after insulting the President at a rally, while Eggi was charged with defaming President Susilo Yudhoyono with his statement that Yudhoyono and his son had received Jaguar sedans from businessman Hary Tanoesudibjo. The report turned out to be fabricated.
The three articles made it difficult for people to criticise the President and his deputy, Court chief Jimly Asshiddiqie said during the hearing.
The articles undermined the country's process toward democracy by causing confusion as they were open to subjective interpretation, he said. (The Jakarta Post/ ANN)
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