03 June 2009

Prita Case is Violation of People Constitutional Right

Iman D. Nugroho

Non Government Organizations activist and journalist demand Attourney General Office (AGO) to release Prita Mulyasari, young mother who is facing legal cases for her oppinion of Omni International hospital which is writen on mailing list. The activists also demand AGO to erase all claims which are submited by Omni International. “The freedom of speech are be guaranteed by Indonesia Basic Law of 1945 chapter 28 F,” Margiyono, coordinator of the Alliance of Independent Jurnalis, Wednesday, June 3.

Prita Mulyasari is citizen of Tangerang City who is arrested by Tangerang AGO for Criminal Defamation case. Prita case started from her email which is containing her oppinion about the bad facilities of Omni International hospital of South Tangerang District of Banten Province. Omni Hospital is very angry with it and sued Prita by administrative and criminal sue. For it Prita was treatened by Information and Electronic Transaction Law number 11, especially Article number 27. According to law, Prita will imprisonmant for maximum for six year and Rp. 1 billion for penalthy fine.

According to Prita cases, AJI think the criminal defamation is still become big threat for the freedom of expresion in Indonesia. Many countries has been erased those kind of law, but in Indonesia, the offence of criminal defamation become more stonger by Information and Electronic Transaction Law. “Until now, we still encourage erasing of criminal defamation,” Margiono said.

Anggara of Indonesian Human Right and Legal Aid Assosiasion (PBHI) said there are no strong reasons for AGO to arrest Prita by the cases. It’s must be other additional requirements for AGO to do that like dissapear of the evidence and flee. “Prita will not do that, PBHI and others NGO are willing to become a guarantor for Prita,” Anggara said. Meanwhile, Sudaryatmo of Indonesia Consumer Agencies Foundation (YLKI) said according Indonesia Consumer Protection Law number eight of 1999 what Prita has done is legal. According to the law one of the basic rights of consumer is to complaints. “On these cases, Prita are just wanted to complaints what happened on Omni Hospitals, and it’s protected by the law,” he said.

Indonesian Blogger Enda Nasution said Prita Cases created fearness for blogger and other internet users. It also will make netter afraid to publish their experience and oppinion. Especially complaint which is contained bad experience for companies and other institutions. “I think these conditions are put Indonesian people to entered represive conditions with no freedom of expresion,” Enda Said.

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