The Baiq Nuril Case: Legal Solution with Pardon or Amnesty
Rakyat Digital. President Joko Widodo was asked to issue amnesty, not clemency, for Baiq Nuril, who was sentenced by the Supreme Court to six months in prison and a fine of Rp500 million.
The Supreme Court said Baiq "had violated the Electronic Information and Transaction Law (ITE)" in the case of information dissemination of the headmaster's obscene conversation where he had worked.
The Supreme Court judge said Baiq was deemed to have "distributed or transmitted decency content".
Aziz Fauzi, lawyer for Baiq Nuril, said the offer of clemency from President Jokowi would be rejected because clemency implies his client is guilty.
"This clemency means that our clients were found guilty and begging for forgiveness. While the conditions of the case were Baiq Nuril, our client was not wrong. The decision of the Mataram District Court stated that Baiq was not proven guilty.
"The formal law shows that the evidence submitted to ensnare our clients is invalid and defective and contradicts Articles 5 and 6 of the ITE Law and Criminal Procedure Code. So there is no reason to state that our clients are guilty," Aziz said.
He added that his party would still file a Judicial Review (PK), once the cassation was received.
On Wednesday (21/11) he planned to visit the National Human Rights Commission and the National Commission on Violence Against Women to ask for expert witnesses to submit a PK.
State law expert Bivitri Susanti said the granting of clemency was not in accordance with the context of the case that ensnared Baiq Nuril.
According to Bivitri, clemency requires a minimum sentence of two years for the defendant, to get approval from the DPR, and to be submitted by the convict. While Nuril was only threatened with six months' imprisonment.
The right form of amnesty given to Nuril is an amnesty because it does not have to wait for the Judicial Review process to proceed.
"For clemency, I think in the Baiq Nuril case it is not right because the sanctions are different in the rules and there must be a request from Baiq. While the PK is an extraordinary legal effort if there is new evidence," Bivitri explained.
"If you want to start the amnesty process it is very good, because the PK process is not easy and must be novum," he said.
He also said, by giving an amnesty to Baiq Nuril, this could be a lesson for judges, judges, and law enforcement officials in dealing with issues that intersect with women.
In his note, judges "often ignore" MA Regulation (Perma) number 3 of 2017 concerning Guidelines for Judging Women Faced with Law.
"If you want to give amnesty, the President must have a strong message to the public that this is a fundamental problem in the judiciary and law enforcement agencies in general. We cannot blame the Supreme Court, but prosecutors also include investigators. must be repaired, "he said.
Another thing that must also be considered is the application of the Electronic Information and Transaction Law (ITE). According to him, this policy is often used not properly and always harms women.
Amnesty is forgiveness or the abolition of a sentence given by a head of state to a person or group of people who commit a certain crime.
Article 4 of Law No. 11 of 1954 concerning Amnesty states that the consequences of granting amnesty are all the consequences of criminal law against persons granted amnesty abolished.
However, giving amnesty must pay attention to the DPR's considerations.
Pardon, according to article 1 number 1 of Law No. 22 of 2002, is amnesty in the form of changes, mitigation, reduction, or elimination of criminal conduct to convicts given by the president.
Someone who gets clemency from the president is a guilty person, but begs forgiveness to the head of state. The criminal act or the guilt of the person is not lost but the execution of the crime is just a prison sentence that is forgiven.
Main Office Staff President Staff, Ifdhal Kasim, said President Jokowi still hoped that Baiq Nuril would get justice in the Judicial Review (PK) decision.
That is why, the president did not rush to give forgiveness in the form of clemency.
"The president in this context cannot oppose the law, therefore the president gives great empathy to Baiq Nuril. But on the other hand the president must obey and respect the judicial power, namely the Supreme Court," Ifdhal said.
According to him, granting clemency was the most likely given to see the case that ensnared Nuril because the crime in the Law on Pardon was personal, not a crime against the state or government.
In addition, granting clemency does not have to be approved by the DPR, only considering the opinion of the Supreme Court.
"If the amnesty itself is not an absolute presidential decree, it must be considered by the DPR. It also needs time, it cannot be fast," he added.
"Amnesty is also aimed at those who in groups or many are involved in criminal acts against the state. For example, treason, insulting the government or the head of state. So all criminal acts are y
The Supreme Court said Baiq "had violated the Electronic Information and Transaction Law (ITE)" in the case of information dissemination of the headmaster's obscene conversation where he had worked.
The Supreme Court judge said Baiq was deemed to have "distributed or transmitted decency content".
Aziz Fauzi, lawyer for Baiq Nuril, said the offer of clemency from President Jokowi would be rejected because clemency implies his client is guilty.
"This clemency means that our clients were found guilty and begging for forgiveness. While the conditions of the case were Baiq Nuril, our client was not wrong. The decision of the Mataram District Court stated that Baiq was not proven guilty.
"The formal law shows that the evidence submitted to ensnare our clients is invalid and defective and contradicts Articles 5 and 6 of the ITE Law and Criminal Procedure Code. So there is no reason to state that our clients are guilty," Aziz said.
He added that his party would still file a Judicial Review (PK), once the cassation was received.
On Wednesday (21/11) he planned to visit the National Human Rights Commission and the National Commission on Violence Against Women to ask for expert witnesses to submit a PK.
State law expert Bivitri Susanti said the granting of clemency was not in accordance with the context of the case that ensnared Baiq Nuril.
According to Bivitri, clemency requires a minimum sentence of two years for the defendant, to get approval from the DPR, and to be submitted by the convict. While Nuril was only threatened with six months' imprisonment.
The right form of amnesty given to Nuril is an amnesty because it does not have to wait for the Judicial Review process to proceed.
"For clemency, I think in the Baiq Nuril case it is not right because the sanctions are different in the rules and there must be a request from Baiq. While the PK is an extraordinary legal effort if there is new evidence," Bivitri explained.
"If you want to start the amnesty process it is very good, because the PK process is not easy and must be novum," he said.
He also said, by giving an amnesty to Baiq Nuril, this could be a lesson for judges, judges, and law enforcement officials in dealing with issues that intersect with women.
In his note, judges "often ignore" MA Regulation (Perma) number 3 of 2017 concerning Guidelines for Judging Women Faced with Law.
"If you want to give amnesty, the President must have a strong message to the public that this is a fundamental problem in the judiciary and law enforcement agencies in general. We cannot blame the Supreme Court, but prosecutors also include investigators. must be repaired, "he said.
Another thing that must also be considered is the application of the Electronic Information and Transaction Law (ITE). According to him, this policy is often used not properly and always harms women.
Amnesty is forgiveness or the abolition of a sentence given by a head of state to a person or group of people who commit a certain crime.
Article 4 of Law No. 11 of 1954 concerning Amnesty states that the consequences of granting amnesty are all the consequences of criminal law against persons granted amnesty abolished.
However, giving amnesty must pay attention to the DPR's considerations.
Pardon, according to article 1 number 1 of Law No. 22 of 2002, is amnesty in the form of changes, mitigation, reduction, or elimination of criminal conduct to convicts given by the president.
Someone who gets clemency from the president is a guilty person, but begs forgiveness to the head of state. The criminal act or the guilt of the person is not lost but the execution of the crime is just a prison sentence that is forgiven.
Main Office Staff President Staff, Ifdhal Kasim, said President Jokowi still hoped that Baiq Nuril would get justice in the Judicial Review (PK) decision.
That is why, the president did not rush to give forgiveness in the form of clemency.
"The president in this context cannot oppose the law, therefore the president gives great empathy to Baiq Nuril. But on the other hand the president must obey and respect the judicial power, namely the Supreme Court," Ifdhal said.
According to him, granting clemency was the most likely given to see the case that ensnared Nuril because the crime in the Law on Pardon was personal, not a crime against the state or government.
In addition, granting clemency does not have to be approved by the DPR, only considering the opinion of the Supreme Court.
"If the amnesty itself is not an absolute presidential decree, it must be considered by the DPR. It also needs time, it cannot be fast," he added.
"Amnesty is also aimed at those who in groups or many are involved in criminal acts against the state. For example, treason, insulting the government or the head of state. So all criminal acts are y
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