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Housewife tried over defamatory statements walks free
Jakarta Post - January 5, 2015
Sulistyo said it was not proven that Ervani's statements posted on Facebook had defiled a person.
"Charges against Ervani have not been proven. Her posted statements were just criticism against Ayas and it is hoped that this case can become a lesson learned for both parties," the judge said before he read out his verdict at the court on Monday.
Ervani was sued for defamation after she posted comments on Facebook about Ayas, a supervisor at Jolie Jogja Jewellery, where her husband, Alfa Janto, was working.
Ervani vented her anger over her husband's dismissal for refusing a job amendment. She described Ayas and other Jolie Jogja Jewellery supervisors as "childish" and said they were unsuitable to be leaders of the company.
Sulistyo said Ervani's case did not meet elements of the definition of defamatory as charged by prosecutors. Therefore, he said, the judging panel decided to clear Ervani of all charges based on articles 45 and 29 of the 2008 Electronic Information and Transactions (ITE) Law and articles 310 and 311 of the Criminal Code (KUHP).
In the trial, the judging panel also decided to restore Ervani's good name and ordered the return of her mobile phone, which was confiscated as evidence.
In a trial on Dec. 18, 2014, prosecutors demanded the court's panel of judges sentence Ervani to five months in jail with a probation period of 10 months. The prosecutors, led by Slamet Supriyadi, purported that Ervani had electronically spread information with defamatory substance.
Ervani's case drew the sympathy of the public, which has long criticized and urged the revocation of the draconian ITE Law. (ebf)
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