ICJR Questions Supreme Court for Jailing Sexual Harassment Victim

TEMPO.CO, Jakarta - The Institute for Criminal Justice Reform (ICJR) questions the verdict handed by Supreme Court (MA) to Baiq Nuril Maknun, who was found guilty of distributing and transmitting indecent contents stated in Article 27 of the Electronic Information and Transactions (ITE) Law.

“ICJR had monitored the case since the beginning and had sent an amicus curiae to the Mataram District Court. We truly regret that they handed this verdict and questions MA’s carelessness upon placing a verdict. ICJR has analyzed that Baiq Nuril cannot be handed criminal punishment” as stated by the ICJRin an official written statement.

Baiq Nuril Maknun was a former honorary teacher at the Mataram State Highschool, according to ICJR. The case took place in 2017 after Baiq Nuril often received calls from the school’s principle with the initials of “M”.

M most of the time called Baiq to tell her about his sexual experiences with women outside of his own wife. This drove Baiq to record every conversation between her and the principle in order to avoid any possible allegations and misunderstanding in the future.

However, out of her will, the recording spread publically, which then drove M to file a police report for possible violations of the ITE Law, which is often seen as a “rubber law” since it is able to be widely interpreted.

The Mataram District Court’s verdict No. 265/Pid.Sus/2017/ PN, the court was unable to find Baiq Nuril guilty and is clearly a victim of sexual harassment from her boss and that her act of recording her conversation was not seen as a criminal offense.

However, after the public prosecutor submitted a cassation, Baiq Nuril was handed the guilty verdict for her criminal offense listed under Cassation Verdict No. 574K/Pid.Sus/2018 on November 9, 2018.

ANDITA RAHMA