IDNEWSNOW.COM, Jakarta – Researcher from the Institute for Criminal Justice Reform (ICJR) Maidana Rahmawati criticized the naming of singer Gisella Anastasia (Gisel) and Michael (MYD) as suspects in the recent viral sex video by the Metro Jaya Police.
Maidana elaborated a number of reasons why Gisel or anyone unlucky enough to be in the same position – where subjects had no intention to spread certain content – must not be named as suspects. This was explained in ICJR’s statement on December 29, 2020.
“There are basic notes underlining this case according to ICJR, that anyone who is in the video if they have zero intention to distribute it then they cannot be criminally charged based on the following aspects,” wrote the researcher.
According to Maidana, in the context of the Pornography Law, people who are the subjects of the video who do not intend to spread it cannot be charged as Article 4 of the Pornography Law states that the act of producing or making such contents cannot be charged if the intention was for personal use.
Maidana strongly argued that Article 6 of the Pornography Law states that the ban of ‘owning or keeping’ pornographic contents does not include for personal use. Especially as she interprets the criminal act as the intent to spread it publicly.
Maidana also underlined that there is a fundamental element for the Pornography law to apply, which is the public space element, and as long as the contents are for personal use, even if in this case Gisel and Michael are seen as actors in the content, “the Indonesian legal and constitutional provisions must protect that person’s rights,” the ICJR researcher argued.
EGI ADYATAMA
