Scientific Research Cannot be Criminalized

Criminal charges cannot be laid against the research by Widjo Kongko, a scientist at the BPPT, on the potential for tsunamis along Java’s southern coastline that was presented at a scientific forum.

KOMPAS/RIZA FATHONI

Anggota staf Badan Meteorologi Klimatologi dan Geofisika (BMKG) membaca simulasi potensi tsunami dengan perangkat Tsunami Gauge di ruangan Pusat Gempa Nasional di kompleks BMKG, Jakarta, Jumat (2/3). PGN memonitor tsunami melalui 142 perangkat "tide gauge tsunami monitoring".

JAKARTA, KOMPAS – Criminal charges cannot be laid against the research by Widjo Kongko, a scientist at the Agency for the Assessment and Application of Technology (BPPT), on the potential for tsunamis along Java’s southern coastline that was presented at a scientific forum. The police have been deemed to threaten the principle of academic freedom and hamper efforts to raise public awareness on disaster risks if it continues with its investigation.

Kompas gathered information that the Banten Police special crimes unit had summonsed Serang Class I Meteorological Station chief Sugarin to provide a statement on the matter. On Apr. 3, 2018, Widjo presented his research findings at a scientific seminar titled “Sources of Potential Earthquakes and Tsunamis in Western Java” organized by the Geology, Climatology and Meteorological Agency (BMKG).

The third point of the police summons dated Apr. 9, 2018 that was issued to Sugarin stated: “To provide a statement in relation to the alleged crime of fake news that could lead to unrest, as stipulated in Criminal Law No. 1/1946.”

Legal expert Herlambang P Wiratraman, who also chairs Airlangga University’s Human Rights Law Studies Center, said that the police’s action violated the Surabaya Principles of Academic Freedom signed on Dec. 6, 2017. The principles require public authorities, including the police, to respect, protect and take steps to guarantee academic freedom.

“Presenting the findings of scientific research does not fall in the criminal domain. It is in the science domain. Furthermore, the police [launched] its investigation based on a news report, which can often be incomplete and disproportionate,” said Herlambang.

Banten Police special crimes chief Sr. Comr. Abdul Karim said in Serang that Widjo had been called upon to provide clarification to prevent public unrest. “What we are doing is to curb unchecked rumors. We will send a letter to Widjo, but it is not a summons. It is a letter requesting clarification,” he said Abdul.

Right of reply

Separately, Widjo said that he had sent a complaint to exercise his right of reply to the online media outlet that had published the report at the source of the police investigation, which he claimed had written erroneously about his research findings. In his written complaint, he stated that he had never provided any prediction or forecast of earthquakes or tsunamis in his presentation at the seminar, which he had delivered in his capacity as a BPPT scientist.

In response, the online media apologized for using the word “prediction” in its published article. Widjo, who was cited as the source of the article, had never used that word. Instead, he had used the word “potential” in his research.

After Widjo’s clarification had been published, Herlambang noted that the police investigation became increasingly irrelevant. “This will fall in the domain of the Press Law,” he said.

Indonesian Press Council chairman Yosep “Stanley” Adi Prasetyo said that Widjo should file a complaint with the council to clear up the matter. “Then, the scientist [Widjo] can use the complaint to provide an explanation to the police,” he said.

According to the memorandum of understanding between the Indonesian Press Council and the National Police chief, any criminal allegations related to media coverage must be resolved by prioritizing Law No. 40/1999 on the Media, which took precedence over all other regulations.

Separately, disaster mitigation researchers and experts are preparing a petition to object to the attempted criminalization of Widjo and his research. Tsunami expert Abdul Muhari of the Maritime Affairs and Fisheries Ministry said that there were fears that police intervention in scientific researches would undermine efforts to educate the public on the risks of trunamis.

House of Representatives Commission X deputy chair Ferdiansyah said that he had called upon relevant stakeholders to provide moral support for Widjo. As a government researcher, Widjo was believed to have conducted his research using tested scientific methodologies and had no intention of causing public unrest.

(AIK/ABK/BAY/NAR)