When Rocky Gerung's curse against President Jokowi was confirmed by the panel of judges

The South Jakarta District Court's decision on Rocky Gerung is considered to increase the legitimacy of freedom of expression and opinion in public spaces.

KOMPAS

Rocky Gerung apologizes for his criticism causing a commotion

"The Panel of Judges assessed that the phrases expressed by the defendant were not against Jokowi's personality or individual, but rather against Jokowi's policy in his position of trying to maintain his legacy by going to China and moving back and forth from one coalition to another," was the consideration of the panel of judges South Jakarta District Court led by Chief Judge Djuyamto and two member judges, Agung Sutomo Thiba and Anry Widyo Laksono, when rejecting David Tobing's lawsuit against Rocky Gerung on April 25 2024.

David's lawsuit was previously triggered by controversial remarks made by Rocky, who is also known as a political observer, with the freedom to think, express opinions, or provide views on a public official's policy. Rocky is also known as a researcher at the Association for Democracy Education and a lecturer at the Faculty of Cultural Sciences, Universitas Indonesia, Depok, West Java.

In a public event, Rocky Gerung used vulgar language to refer to President Jokowi, which was deemed insulting and demeaning to the President, who is also the head of state and government. Therefore, Rocky was accused of committing an unlawful act by insulting President Jokowi. According to the plaintiff, Rocky Gerung's insult to the President of the Republic of Indonesia, who represents Indonesian citizens, resulted in losses to the plaintiff as an Indonesian citizen. The insult by Rocky Gerung is seen not only as damaging to the dignity and honor of the head of state, but also to the entire Indonesian nation.

Rocky's actions are also considered to have damaged the image of Indonesia as a friendly nation that upholds cultural values, courtesy, and morality.

However, according to the panel of judges later, his party was referring to human rights principles which affirm the right freedom of expression in public. Rocky's statement was also considered a criticism of public policy, and not a personal attack on an individual. As an academic and intellectual, Rocky is also considered to have the right to voice his views on public policy, in accordance with the Indonesian constitution: the 1945 Constitution.

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"The statement made by Rocky Gerung is a common occurrence in society. As an example, when there are policies made by public officials to increase the price of rice, oil, or fuel, the response from the community varies. There are even unexpected reactions (swearing) from the community, but these responses are clear reactions to the policies made by public officials, not towards the individuals themselves," the judges said.

In addition, towards the criticism directed at public officials, the Panel of Judges also believes that every person in a public office must be ready to accept criticism expressed or conveyed by the community or citizens as long as the criticism is not attacking them personally or individually. Therefore, the Panel of Judges believes that David's main allegations stating that Rocky's actions can be classified as unlawful acts is not legally justifiable and must be rejected.

"What Rocky Gerung presented is a normal thing and it often happens in society. As an example, there is a policy from public officials to raise the prices of rice, oil, or fuel, which results in various responses from the community, even unexpected ones, but those responses are clearly a reaction to the policy of public officials, not to their personal or individual actions."

The decision of the South Jakarta District Court rejecting lawyer David Tobing's lawsuit against Rocky Gerung is considered by the Chairperson of the National Commission on Human Rights, Atnike Nova Sigiro, and Director of Amnesty International Indonesia, Usman Hamid, as an oasis for freedom of speech and opinion in public spaces. However, it is unfortunate that the case had to be settled in court in the end. Ideally, the case should have been resolved by law enforcement officers, especially the police or the prosecutor's office, through mediation.

KOMPAS/CYPRIANUS ANTO SAPTOWALYONO

President Joko Widodo giving a statement to journalists in the courtyard of the Merdeka Palace, Jakarta, Monday (4/12/2023).

Positive development

Yesterday, the Chairman of Komnas HAM Atnike Nova Sigiro when contacted was of the view that the use of the concept of the right to freedom of expression as a decision consideration in several cases of prosecution against Criticism of public officials is a positive development in protecting the right to freedom of expression and opinion in Indonesia. Previously, the panel of judges at the East Jakarta District Court had also rejected the lawsuit against environmental, human rights (HAM) and democracy activists, Haris Azhar and Fatia Maulidiyanti.

Considered an oasis for freedom of speech and opinion in public spaces. However, it is regrettable that the case had to be decided in court. In fact, the case should have been settled by law enforcement officials, especially the police or prosecutors, through mediation.

DIAN DEWI PURNAMASARI

Chairman of Komnas HAM Atnike Nova Sigiro when met in his office, Tuesday (17/1/2023).

The verdict against Rocky Gerung adds to the legitimacy of protecting freedom of expression and opinion in public spaces which is protected by the constitution.

"The right to freedom of expression has also been regulated and protected by the 1945 Constitution and specifically in Law Number 12 of 2005 concerning Civil Political Rights," said Atnike.

"The right to freedom of expression is also regulated and protected by the 1945 Constitution and specifically in Law Number 12 of 2005 concerning Civil and Political Rights."

He added that freedom of expression is a condition and foundation of a democratic society. As a democratic rule of law, the state must provide space for the public to carry out checks and balances on state management.

Moreover, from an institutional standpoint, the independent National Commission on Human Rights (Komnas HAM) has also detailed concepts, international law, national law, and practices of freedom of expression in the Standards and Regulations on Freedom of Expression and Opinion.

KOMPAS/AHMAD ARIF

A Barongsai show kicked off the Medan Declaration, signed by Garin Nugroho and a number of Sumatran artists and cultural figures, regarding freedom of expression including freedom of the press, arts/culture, and religion/belief, in Medan, on Wednesday (22/6).

The issue of air pollution is not new. The condition of society threatened by air pollution has been occurring for a long time. Research evidence showing the threats of air pollution's impact is also abundant. However, this has yet to lead to significant efforts to control air pollution. As a result, residents continue to suffer under the burden of air pollution. In the Standards, Norms, and Regulations (SNP) previously issued by the National Commission on Human Rights (Komnas HAM) regarding Freedom of Expression and Opinion, the right to freedom of expression in a political context is also regulated, namely expressions aimed at criticizing policies as a control over government administration. "That must be protected," he emphasized.

Protection of freedom

Director of Amnesty International Indonesia, Usman Hamid, stated that the Jakarta South District Court's decision to reject the lawsuit against Rocky Gerung shows that there is still protection for freedom of expression and opinion in Indonesia.

This adds to the long list of court decisions that are progressive and protect the civil and political rights of citizens following the decision of Haris Azhar and Fatia Maulidiyanti at the East Jakarta District Court. Unfortunately, he criticized that protection still mostly comes from state administrators in the judicial realm.

"That adds to the long list of progressive court decisions that protect the civil and political rights of citizens after the decision made by Haris Azhar and Fatia Maulidiyanti at the East Jakarta District Court."

Meanwhile, it should be solved at the level of law enforcers because there are already provisions such as the Freedom of Expression and Opinion (SNP) and a Joint Decree (SKB) by the National Police Chief, Attorney General, and Minister of Communication and Information regarding the Implementation of Flexible Articles in the Electronic Information and Transactions Act (UU ITE).

FOTO DOKUMENTASI: USMANANDTHEBLACKSTONES

Usman Hamid has released a new single entitled "Perempuan Penggembala", which tells the story of indigenous people in East Nusa Tenggara who were forced to leave their land due to development in Mandalika, consequently preventing them from herding their buffalos.

"The protection from the judiciary is not yet evenly distributed as there are still cases in the courts that actually strengthen the executive's efforts through the police and the prosecution to criminalize freedom of expression," explained Usman.

Still selective

"The revision of the law that includes the rubber article is still necessary for future prevention. However, considering the dynamics of the latest revision of the ITE law by the government and DPR, it certainly requires a long time and significant political energy."

He also criticized the selective law enforcement practices that still exist in Indonesia. Although technical regulations at the level of law enforcement officials are already complete, plus circular letters from the Chief Justice of the Supreme Court for the judiciary body.

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In the future, according to him, the way to prevent the criminalization of freedom of expression and opinion is by no longer using regulations that contain vague provisions both in the new Criminal Code (KUHP) and the ITE Law.

"The revised law containing the rubber clause is still necessary for future prevention. However, considering the dynamics of the recent revision of the ITE law by the government and the DPR, it certainly requires a long time and a significant political energy," he explained.