JAKARTA, Legal Literacy – The South Jakarta District Court (PN) handed down a supervisory pidana sentence to Laras Faizati Khairunnisa binti Wahyu Kuncoro alias Laras Faizati in an incitement case related to a demonstration. The verdict was read in an open court session at the South Jakarta District Court on Thursday (15/1), with the presence of supporters and media crew.
Panel of Judges Declares Defendant Proven Guilty of Incitement
In the verdict, the Panel of Judges, chaired by I Ketut Darpawan, stated that Laras was legally and convincingly proven to have committed a criminal act of disseminating writings in public that incite the commission of a crime, as per the fourth alternative indictment.
“Adjudicating, declaring the Defendant above proven legally and convincingly guilty of committing a criminal act of disseminating writings in public that incite the commission of a crime as stated in the fourth alternative indictment,” said I Ketut Darpawan in front of the Defendant.
6-Month Supervisory Sentence and Order to be Released from Detention
The Panel of Judges imposed a supervisory sentence of 6 (six) months, with the provision that the sentence does not need to be served as long as the defendant meets the general requirements, namely not committing another crime during the 1 (one) year supervisory period.
“Ordering that the defendant be immediately released from detention after the verdict is read,” continued the Presiding Judge, which was greeted with applause from the courtroom visitors.
Judge Disagrees with the Prosecutor's Demand of 1 Year in Prison
In considering its verdict, the panel of judges stated that it disagreed with the Public Prosecutor's demands, which had previously requested that the defendant be sentenced to 1 (one) year in prison.
The panel of judges assessed that, although Laras was proven to have committed incitement, she did not take further actions, such as organizing a crowd, gathering like-minded people, or mobilizing other parties—either through electronic means or conventional methods—to commit similar acts.
The panel of judges also considered that the defendant new was a first-time offender, had no prior criminal record, and was considered to have a great opportunity to improve herself in the future.
“The defendant's life history and social conditions indicate that the defendant has the potential to become a better person, so a long prison sentence could have a negative impact on her future,” according to considerations quoted on the Youtube page.
Basis of the New Criminal Code: Article 70 Paragraph (1), Article 75, and Article 76
The panel of judges' considerations referred to Article 70 paragraph (1) of the new Criminal Code (KUHP), which affirms that imprisonment should be avoided as much as possible for first-time offenders. On that basis, the panel of judges chose supervisory penalties as regulated in Article 75 and Article 76 of the new Criminal Code (KUHP), which emphasize guidance, behavioral supervision, and prevention of recurrence of criminal acts.
Case Summary: Indictment of the ITE Law and Excerpt of Upload
Previously, the Public Prosecutor of the South Jakarta District Attorney's Office charged Laras Faizati with violating the ITE Law related to alleged incitement in demonstrations, namely through uploading writings that allegedly encouraged demonstration participants.
“When your office is right next to the National Police Headquarters. Please burn this building down and get them all yall I wish could help throw some stones but my mom wants me home. Sending strength to all the protesters !!”, as quoted on the SIPP PN Jakarta Selatan page.
Legal Efforts: All Parties Are Still Considering an Appeal
Regarding the verdict, both the defendant through her Legal Counsel and the Public Prosecutor stated that they were still considering filing an appeal.
This decision is cited as one example of the application of the spirit of the new national Criminal Code (KUHP), which emphasizes a rehabilitative, educative, and restorative approach rather than a purely repressive approach.
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