Investigasi Hukum

Legal basis to sue Haris Azhar weak, expert says

Legal basis to sue Haris Azhar weak, expert says

JAKARTA. The legal basis used to file a report against a prominent human rights activists for defamation by three state institutions is weak, an expert said on Wednesday.

The article of the 2008 Electronic Information and Transactions Law cited by the complainants is intended for protecting a person’s reputation, not that of a corporation or institution, a researcher at the Institute for Policy Research and Advocacy (ELSAM) said on Wednesday.

“As we know, the article that went viral on social media does not mention any single person,” he said, referring to an article written by Commission for Missing Persons and Victims of Violence (Kontras) coordinator Haris Azhar about claims made by recently executed drug lord Freddy Budiman.

The National Police, the Indonesian Military (TNI) and the National Narcotics Agency (BNN) each filed reports against Haris on Tuesday with the police’s Criminal Investigation Department (Bareskrim). The complaint was made based on the article written by Haris and spread through social media. The article exposed the alleged involvement of personnel at the three institutions in Freddy’s illegal business. According to the article, Freddy said he managed to operate an international drug network with the help of top officials, but without revealing any names.

The police will start an investigation by summoning Haris, police chief Gen. Tito Karnavian said on Wednesday.

If the case continues, the three institutions would be criminalizing Haris’ constitutional right to freedom of speech, Wahyudi added (