progresifjaya.id, JAKARTA – Polda Metro Jaya stopped the case of alleged hate speech by Aiman Witjaksono regarding the neutrality of the Police in the 2024 Election.
The termination of the investigation into this case was based on the decision of the Constitutional Court (MK) which abolished Article 14 and Article 15 of Law Number 1 of 1946 concerning Criminal Law Regulations regarding the spread of fake news or hoaxes.
“Automatically, the suspicions and charges will fall because Articles 14 and 15 Number 1 of 1946 are contrary to the 1945 Constitution of the Republic of Indonesia,” said Kabid Humas of Polda Metro Jaya, Kombes Pol Ade Ary Syam Indradi to journalists, Thursday, (28/ 3).
He emphasized, that the termination of this case had absolutely no political nuances following the 2024 Presidential Election (Pilpres) which had been completed so the case was stopped.
“Investigations, investigations are basically rules. The rights and obligations of anyone taking legal proceedings will be obeyed by investigators,” said Kombes Pol Ade Ary.
Polda Metro Jaya has officially announced the termination of investigations into cases of alleged hate speech by the spokesperson for the National Winning Team (TPN) Ganjar-Mahfud MD, Aiman Witjaksono.
“Last night (Wednesday, March 27 2024), we were sent a letter from investigators from the Ditreskrimsus Polda Metro Jaya that the report relating to Aiman’s brother had been stopped or an SP3 (order to stop the investigation) had been issued for legal reasons,” said one legal advisor to Aiman Witjaksono, Finsensius Mendrofa.
He added, that his party was very grateful for the decision of Polda Metro Jaya and appreciated the termination of the case.
“We are grateful that Aiman’s case was stopped by law. Indeed, from the start we truly believed that Aiman’s case was not a criminal act,” he said.
He also believes, that what the Polda Metro Jaya investigators have done is worthy of appreciation because they both share the same opinion regarding Aiman’s case that for the sake of the law the process must be stopped.
As is known, the Indonesian Constitutional Court (MK) granted part of the judicial review lawsuit filed by Haris Azhar and Fatiah Maulidiyanty and abolished Article 14 and Article 15 of Law Number 1 of 1946 concerning Criminal Law Regulations regarding the spread of fake news or hoaxes.
“In the main petition, granting the petitioners’ petition in part. Declaring that Article 14 and Article 15 of Law Number 1 of 1946 concerning Criminal Law Regulations (State Gazette of the Republic of Indonesia II Number 9) is contrary to the 1945 Constitution and has no binding legal force,” said the Chief Justice of the Constitutional Court, Suhartoyo, reading out the verdict during the plenary session which was monitored online from Jakarta, last Thursday, (21/3).
He also said, that the Constitutional Court was of the opinion that the elements of “fake news or notification” and “uncertain news, or exaggerated news” in Article 14 and Article 15 of Law 1/1946 contained ambiguity.
According to the Constitutional Court, Suhartoyo continued, it is difficult to determine the size or parameters of the truth of something conveyed by the public. Unclear measures or parameters for expressing opinions or thoughts can actually limit everyone’s right to think.
Apart from that, the court also considered that this could threaten people’s freedom of opinion.
“Therefore, the state may not reduce freedom of opinion with absolute provisions or conditions that what is conveyed is true or not a lie,” added Constitutional Justice Arsul Sani reading out the considerations. (Bembo)