BROADCASTING FALSE NEWS BY INTENTIONALLY PUBLISHING TROUBLE AMONG THE PEOPLE IS A CRIMINAL OFFENSE
This case started when dr. Adiany Adil, stated that he does not believe in COVID-19. His statement then went viral on social media and was published in a Statement Letter on a piece of paper dated August 25 2021 with his signature and telephone number. The Enrekang Police then investigated the case because his statement disturbed the public. IDI said that Adiany’s statement regarding COVID-19 was not a diagnosis, causing quite disturbing problems considering that the person concerned was an IDI member.
Then the Panel of Judges at the Enrekang District Court through Decision Number 58/Pid.Sus/2021/Pn Enr stated that Dr. Adiany alias Dr. Dian was legally and convincingly proven guilty of committing the crime of broadcasting false notices by deliberately causing trouble among the people and sentenced the defendant to prison for 2 (two) years and 4 (four) months.
The Supreme Court stated that the judex facti decision of the Makassar High Court confirmed the decision of the Enrekang District Court regarding the proven indictment of the Public Prosecutor in Article 14 Paragraph (1) of Law of the Republic of Indonesia Number 1 of 1946 concerning Criminal Law Regulations and then changed the sentence, namely imprisonment for 1 (one) year is appropriate and correct because in handing down its decision judex facti has carefully provided legal considerations according to the facts at trial.
The Supreme Court considered that the judex facti reasons for changing the decision of the Enrekang District Court were appropriate and correct in its legal considerations because in handing down the decision they had carefully considered the facts at trial. Likewise, in imposing the sentence judex facti has also carefully considered the legal aspects of the sentence, namely aspects of justice, legal certainty and aspects of the benefits of the a quo sentence for the defendant and the community.
→ Supreme Court Decision Number 5639 K/Pid.Sus/2022 dated 6 October 2022.
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Regards,
Fredrik J. Pinakunary
