The Chief of INP Issued Circular Letter on the Handling of ITE Law Cases
Tuesday, 23 February 2021 - 14:58 WIB
The Chief of INP Issued Circular Letter on the Handling of ITE Law Cases

Jakarta - The Chief of Indonesian National Police (INP), Police General Listyo Sigit Prabowo, issued a Circular (SE) on Ethical Cultural Awareness to Create a Clean, Healthy, and Productive Indonesian Digital Space.

The circular letter numbered: SE / 2/11/2021 was signed directly by The Chief of INP, Police General Listyo Sigit, on Friday, 19 February 2021.

In this Circular Letter, The Chief of INP considers the current national situation regarding the application of Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE), which is considered to be contradicting the right to freedom of expression of society through digital space.

"So it is hoped that all INP members are committed to implementing law enforcement that can provide a sense of justice for the community," said The Chief of INP in the Circular Letter.

That is the context of law enforcement. INP always prioritizes education and persuasive steps to avoid allegations of criminalization of the reported person and can guarantee Indonesia's digital space to remain clean, healthy, ethical, and productive.

INP investigators are also asked to adhere to the following:

a. keeps abreast of the development of the use of digital space, which continues to grow with all its problems

b. understands the ethical culture that occurs in the digital space by taking an inventory of the various problems and impacts that occur in society

c. prioritizing pre-emptive and preventive efforts through virtual police and virtual alerts that aim to monitor, educate, provide warnings, and prevent the public from potential cybercrime

d. In receiving reports from the public, investigators must be able to clearly distinguish between criticism, input, hoaxes, and defamation that can be sentenced to determine the steps further to be taken

e. Since receiving the report, the investigator communicates with the parties, especially the victim (not represented), and facilitates and provides the most comprehensive possible space for the disputing parties to carry out mediation.

f. conducts a comprehensive study and case degree on cases handled by involving Cybercrime Directorate of CID (through zoom meetings) and collectively collegial decisions based on existing facts and data

g. Investigators have the principle that criminal law is the last resort in law enforcement (ultimatum remidium) and prioritizes restorative justice in case resolution.

h. against parties or victims who will take peaceful steps to become part of investigators' priority for restorative justice, except for potentially divisive cases, racialism, radicalism, and separatism.

i. the victim who still wants his case to be brought to court but the suspect is aware and apologizes, the suspect is not detained and before the file is submitted to the prosecutor to be given room for mediation again

j. for investigators to coordinate with the prosecutor in its implementation, including providing advice on the implementation of mediation at the prosecution level

k. to carry out tiered supervision of every step of the investigation taken and provide rewards and punishments for the evaluation of the leadership on an ongoing basis.

"This Circular is submitted to be followed and obeyed by all INP members," said The Chief of INP in a Circular Letter.

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