Reasons for Judge Acquitting Haris Azhar and Fatia in the Case of Defamation of Luhut Pandjaitan's Name

Alasan Hakim Vonis Bebas Haris Azhar dan Fatia dalam Kasus Pencemaran Nama Luhut Pandjaitan

The reason Judge Acquitted Haris Azhar and Fatia in the Case of Defamation of Luhut Pandjaitan's Name.

"Dream - Lokataru Director Haris Azhar and Coordinator of the Commission for the Disappeared and Victims of Violence (KontraS) Fatia Maulidiyanti were acquitted of the alleged defamation case against Coordinating Minister for Maritime Affairs and Investment (Menkomarves) Luhut Binsar Pandjaitan. "Judging, acquitting Haris Azhar and Fatia Maulidiyanti from all charges," said Chief Judge Cokorda Gede Arthana at the East Jakarta District Court on Monday, January 8, 2024."

Cokorda assesses that Haris Azhar and Fatia have not been proven legally and convincingly to commit criminal acts as charged by the public prosecutor. The charges include Article 27 paragraph (3) jo. Article 45 paragraph (3) of Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions and/or Article 14 paragraph (2) and/or Article 15 of Law Number 1 of 1946 concerning Criminal Law Regulations and/or Article 310 of the Criminal Code and/or Article 55 paragraph 1 ke-1 of the Criminal Code.

"Declare that Haris Azhar and Fatia Maulidiyanti have not been proven legally and convincingly to have committed the crimes as stated in the first indictment, second primary indictment, second subsidiary indictment, and third indictment."

"ujar Cokorda" translates to "said Cokorda" in English.

"Haris Azhar and Fatia are also acquitted from the second charge of spreading false news because it is considered not meeting the elements of a crime. "Not false news. Therefore, the second charge is not proven, and the defendant is released from the second charge. The subsidiary charge is not fulfilled, so the defendant is released from the subsidiary charge," he said."

Reasons for Judge Acquitting Haris Azhar and Fatia in the Case of Defamation of Luhut Pandjaitan's Name

"They were also not fined Rp1 million or sentenced to six months in prison as demanded by the prosecutor. The judge decided to restore Haris and Fatia's rights. 'Restoring rights and dignity,' he said."

Judge member Muhammad Djohan Arifin said that the element of insult was not fulfilled in this case. The discussion between Fatia Maulidiyanty and Haris Azhar does not fall into the category of insult and defamation of character.

"Because what is found in the video podcast is a study, comment, analysis, opinion, and assessment of the quick study results conducted by the civil society coalition."
Judge Djohan's words.

"dream.co.id"

"Furthermore, Djohan stated that the article on defamation or defamation of character was also not fulfilled according to the law. According to him, the use of the word 'lord' refers to statuses related to Luhut's position. 'Considering that the panel of judges assessed that the phrase 'lord' regarding Luhut Binsar Pandjaitan was not intended as defamation of character, but rather, the word 'lord' does not depict something bad, ugly, or physical insult, but rather refers to statuses related to his position,' he said."

The previous prosecutor demanded a prison sentence for defendant Haris Azhar. Haris Azhar is considered proven guilty in the case of alleged defamation against Coordinating Minister for Maritime Affairs and Investment Luhut Binsar Pandjaitan.

"Demands that the panel of judges of the East Jakarta District Court, who examined and adjudicated this case, decide and declare that Fatia Maulidyanti is proven guilty beyond reasonable doubt."

The translation of the given 'Bahasa' text to 'English' while preserving any html tags is: "the prosecutor's words when reading the charges at the East Jakarta District Court, Monday, November 12, 2023."

"Punishing Haris Azhar to serve a prison sentence of 4 years," continued the prosecutor. In this case, Haris Azhar and Fatia are accused of defaming the good name of Luhut Binsar Pandjaitan. Both are accused of defaming Luhut's good name through a podcast titled 'Ada lord Luhut di balik relasi ekonomi-ops militer Intan Jaya!! Jenderal BIN juga Ada1! >NgeHAMtam' which was uploaded on Haris Azhar's YouTube channel."

The prosecutor said that the information related to the defamation of Luhut's good name was spread by Haris Azhar through his YouTube account.

The topic discussed in the video is a quick study by the Clean Indonesia Coalition titled 'Economic-Political Placement of Military in Papua: Intan Jaya Case'. In the video, the speakers are Fatia Maulidiyanti and Owi. The prosecutor said that Fatia and Haris intended to defame Luhut's reputation.

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The reason Judge Acquitted Haris Azhar and Fatia in the Case of Defamation of Luhut Pandjaitan's Name.

"Declare that Haris Azhar and Fatia Maulidiyanti have not been proven legally and convincingly to have committed the crimes as stated in the first indictment, second primary indictment, second subsidiary indictment, and third indictment."

"Because what is found in the video podcast is a study, comment, analysis, opinion, and assessment of the quick study results conducted by the civil society coalition."Judge Djohan's words.

"Demands that the panel of judges of the East Jakarta District Court, who examined and adjudicated this case, decide and declare that Fatia Maulidyanti is proven guilty beyond reasonable doubt."

"Because what is found in the video podcast is a study, comment, analysis, opinion, and assessment of the quick study results conducted by the civil society coalition."
Judge Djohan's words.