Monday , July 26 2021

Ahead of Execution, ICJR Gives Amnesty Petition to Baiq Nuril

The prosecutor's office scheduled to execute Baiq Nuril on Wednesday.

REPUBLIKA.CO.ID, JAKARTA – Baiq Nuril Makmun, as a victim of sexual harassment which was actually criminalized by the ITE Law, sought an amnesty to the President of the Republic of Indonesia, Joko Widodo (Jokowi). The effort, according to Baiq Nuril's attorney was coordinated by the Institute for Criminal Justice Reform (ICJR).

"For the issue of amnesty, ICJR has also made a petition for the president," said Baiq's attorney, Aziz Fauzi, when confirmed on Sunday (18/11).

Azis said, his party also sought to propose a judicial review (PK) on the decision of the Supreme Court (MA) which stipulated that Baiq Nuril violated the ITE Law. However, regarding the planned re-submission, his side is still awaiting a copy of the Supreme Court decision.

According to Azis, the Supreme Court has not yet issued a copy of the Supreme Court ruling. Aziz said he had not received a copy of the Supreme Court's decision until Sunday (11/18). "So we have not been able to access it to compile a memory review (PK)," he said.

It is known that ICJR has spread through social media and messaging like Whatsapp to sign the petition made through the site ICJR executive director Anggara also distributed the petition. This petition, he said, was to urge President Jokowi to give an amnesty for Nuril.

Since it was circulated Sunday at around 10:00 a.m. until 6:00 p.m., nearly 30 thousand people have signed the petition, targeting 35 thousand. Monitoring Republika, the number of signatories to the petition continued to grow in a few seconds, so it was predicted that the petition would exceed the target.

ICJR previously received information that the prosecutor would execute Baiq Nuril by putting him in prison on Wednesday, November 21, 2018. The receipt of a copy of the Supreme Court decision number 574K / Pid.Sus / 2018 by Baiq Nuril's legal advisor was also questioned by ICJR.

According to article 270 of the Criminal Procedure Code it is stated that the implementation of a court decision that has obtained legal force is still carried out by the prosecutor, for which the clerk sent a copy of the decision letter to him. "Based on these provisions, it can be stated that the execution of a court decision can only be made when the copy of the decision has been received," Anggara said.

If the prosecutor continues to execute without a copy of the decision, or only based on the excerpt of the decision, then the action taken by the prosecutor is against the law because it is not in accordance with the provisions of article 270 of the Criminal Procedure Code.

To note, cases of alleged abuse began in mid-2012. At that time, Baiq was a temporary employee at SMAN 7 Mataram. One when he was called by Kepsek berinisal M. The conversation between M and Baiq lasted for approximately 20 minutes.

Only about five minutes of conversation is about work. The rest, M actually told her about her sexual experience with a woman who was not his wife.

The conversation continued with harassment tones towards Baiq. M called Baiq more than once. Baiq was disturbed and felt harassed by M through verbal. Not only that, the people around him accused him of having an affair with M.

Baiq also recorded his conversation with M. This was done to prove he had no relationship with his boss. However, Baiq never reported the tape for fear that his work would be threatened.

Baiq then spoke to Imam Mudawin, Baiq's co-worker, about the recording, which led to the spread of recordings by the Imam to the Mataram Department of Youth and Sports (Dispora). The process of transferring recordings from cellphones to laptops and other hands was entirely carried out by Imam without Baiq's knowledge.

Feeling unhappy about being spread, M reported Baiq to the police on the basis of Article 27 Paragraph (1) of the Electronic Information and Transaction Law (ITE). This case continues until the trial.

The Mataram District Court ruled that Baiq was not guilty and released him from city arrest. Losing in the trial, the public prosecutor filed an appeal to appeal to the Supreme Court, until on September 26, 2018, the Supreme Court even ruled Baiq guilty.

The excerpt of the Cassation Decision with Number 574K / Pid.Sus / 2018 which was only received November 9, 2018 stated that Baiq Nuril was guilty of a criminal act. He was then sentenced to six months in prison and sentenced to a fine of Rp.500 million, provided that if the fine was not paid then it was replaced with a sentence of imprisonment for three months.

Jakarta, 11/18 (Antara) – SAFEnet's online freedom of expression volunteer network rejected the Supreme Court's cassation verdict which stated that Baiq Nuril Maknun was guilty of distributing recordings of conversations with his leadership.

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