Abstract
<p>The Supreme Court has rejected a petition for case review from Baiq Nuril Maknun, a West Nusa Tenggara woman who was convicted of defamation against her alleged sexual harasser. Justices Margono, Desniyati and Suhadi rejected Nuril’s challenge against the Supreme Court's decision in September 2018, which found Nuril guilty of violating Article 27 of the Electronic Information and Transactions (ITE) Law and sentenced her to six months in prison and a fine of Rp 500 million (US$34,644). The defamation case has been criticized for using the controversial law to incriminate an alleged victim of sexual harassment, when the Mataram Education Agency reported Nuril for recording the phone call.This research is prescriptive normative research namely, legal research that takes legal issues as a norm system used to provide prescriptive justifications about a legal event. From Nuril’s case we can see the laws are sorely inadequate, case in point the Electronic Information and Transactions Law (ITE Law), that got her into trouble. It’s so rubbery, it can be interpreted any way anyone wants. Amnesty should be given to Baiq Nuril Maknun because amnesty is the authority of the President for the interests of the state, in this case human rights and citizens' rights to get legal protection and free from discrimination and Law Number 11 <em>Drt</em> In 1954, yet it contradicted the constitution in cases and institutions, because Article 14 paragraph (2) of the 1945 Constitution of the Republic of Indonesia had no case restrictions in granting amnesty and was carried out with consideration of the People’s Representative Council of The Republic of Indonesia.</p>
Highlights
In September 2018, Judge at the cassation level has sentenced Baiq Nuril Maknun for 6 months in prison and a fine for 500 Million Rupiah because she has violated Article 27 (1) Law number 11 of 2018 regarding InformationYustisia Volume 8 Number 2 (May-August 2019)and Electronic Transaction by recording allegations of sexual harassment by his superiors at Mataram 7 Public Senior High School (SMA N 7 Mataram) in August 2012
Recording conversations is a tapping, it is included in the judge's judgment in the Constitutional Court Decision Number 20 / PUU-XIV / 2016, namely: "From the provisions of article 28G paragraph (1) & 28I paragraph (5) of the 1945 Constitution in relation with interception, this includes recording which can only be carried out according to the law
Amnesty should be given to Baiq Nuril Maknun because firstly, amnesty is the authority of the President for the interests of the state, in this case, human rights and the rights of citizens to obtain legal protection and freedom from discrimination
Summary
In September 2018, Judge at the cassation level has sentenced Baiq Nuril Maknun (hereinafter: Baiq Nuril) for 6 months in prison and a fine for 500 Million Rupiah because she has violated Article 27 (1) Law number 11 of 2018 regarding InformationYustisia Volume 8 Number 2 (May-August 2019)and Electronic Transaction (hereinafter: Electronic Information And Transaction Law) by recording allegations of sexual harassment by his superiors at Mataram 7 Public Senior High School (SMA N 7 Mataram) in August 2012. In September 2018, Judge at the cassation level has sentenced Baiq Nuril Maknun (hereinafter: Baiq Nuril) for 6 months in prison and a fine for 500 Million Rupiah because she has violated Article 27 (1) Law number 11 of 2018 regarding Information. Judicial review’s judges asses the Baiq Nuril’s case, which transmitted immoral content as regulated in Electronic Information And Transaction Law, is happened Because this Supreme Court Of The Republic Of Indonesia’s decision many parties ask President to give amnesty or abolition of punishment to Baiq Nuril. Baiq Nuril was sentenced to be guilty in Putusan Kasasi Number 574K/Pid.Sus/2018 dated September 2018, for criminal act “ by distributing or transmitting immoral content” according to Article (1) Electronic Information And Transaction Law and charged with 6 months in prison and a fine for 500 Million Rupiah The decision has caused several protests in society because Baiq Nuril has been found guilty in cassation decision after in 2017 she has been found for not guilty in Mataram District Court Decision Number 265/Pid.Sus/2017/PN.More
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