Jakarta –
Nikita Mirzani was arrested by the police at a shopping center in the Senayan area, South Jakarta (South Jakarta) related to a defamation case. What are the contents of the article accused of Nikita?
As is well known, Nikita Mirzani reported on charges of defamation through ITE due to a post on his InstaStory Instagram account. He was reported by Dito Mahendra (DM).
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On the other hand, information regarding the status of the suspect Nikita Mirzani is known from the Notification of the Commencement of Investigation (SPDP). The Attorney General’s Office (Kejagung) stated that the SPDP was received by the Serang District Attorney (Kejari) from the Serang City Police.
“On Friday, June 10, 2022, the Serang District Attorney received the Notification of the Commencement of Investigation (SPDP) Number: A.3/80/VI/RES.2.5/2022/Reskrim dated June 4, 2022 from the City Resort Police (Polresta) Serang City. on behalf of Suspect NM,” said the Head of the Legal Information Center (Kapuspenkum) at the AGO Ketut Sumedana in a written press statement, Monday (11/7/2022).
Ketut explained that Nikita Mirzani was suspected of violating Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) or Article 36 in conjunction with Article 51 paragraph (2) of the Republic of Indonesia Law Number 19 of 2016 concerning Amendments to Indonesian Law Number 11 of 2008 concerning Information and Electronic Transactions and or slander (blasphemy) in writing, as referred to in Article 311 of the Criminal Code.
Article 27 paragraph (3) of the ITE Law states that ‘Everyone intentionally and without rights distributes and/or transmits and/or makes accessible electronic information and/or electronic documents containing insults and/or defamation’.
Meanwhile, Article 45 paragraph (3) of the ITE Law explains the criminal sanctions for this violation. Offenders can be sentenced to a maximum imprisonment of 4 years or a fine of Rp. 750 million. This is what the article says.
Article 45 of the ITE Law
(3) Any person who intentionally and without rights distributes and/or transmits and/or makes accessible Electronic Information and/or Electronic Documents containing insults and/or defamation as referred to in Article 27 paragraph (3) shall be punished with imprisonment for a maximum of 4 (four) years and/or a maximum fine of Rp. 750,000,000.00 (seven hundred and fifty million rupiah).
Meanwhile, Article 36 of the ITE Law explains about people who deliberately violate the law in relation to Article 27.
Article 27
Every person intentionally and without rights or against the law commits an act as referred to in Article 27 to Article 34 which results in harm to another person.
Article 36
Every person intentionally and without rights or against the law commits an act as referred to in Article 27 to Article 34 which results in harm to another person.
Furthermore, the criminal sanctions for this violation are explained in Article 51 paragraph (2) of the ITE Law. Which carries a maximum penalty of 12 years.
Article 51
(2) Everyone who fulfills the elements as referred to in Article 36 shall be sentenced to a maximum imprisonment of 12 (twelve) years and/or a maximum fine of Rp. 12,000,000,000.00 (twelve billion rupiahs).
Meanwhile, Article 311 of the Criminal Code also explains the crime of blasphemy in writing. This is what the article says.
Article 311 of the Criminal Code
(1) Any person who commits the crime of blasphemy or blasphemy in writing, if he is permitted to prove his accusation, if he is unable to prove it and if the accusation is committed while he is found to be untrue, shall be punished by a maximum imprisonment of four years.
(2) Penalties for revocation of rights as referred to in Article 35 No. 1-3. (KUHP 312 s, 316, 319, 488).
Read the next page.
Watch the video ‘6 Facts Regarding the Arrest of Nikita Mirzani’:
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