The Supreme Court's Gift to Prita

Prita Mulyasari, mother of two toddlers, was detained by the Police for three weeks last year because she sent e-mail to her friends complaining about the sub-standard service provided to her by OMNI International Hospital in Tangerang, Banten province.

Prita was then named Defendant in both Civil and Criminal cases of Defamation brought by the hospital and its doctors.

In the Criminal case, the Tangerang District Court acquitted Prita of all charges, however, the Prosecutors filed an Appeal with the Banten High Court.

Whereas in the Civil case the said Court, and afterward the High Court fined her Rp 204 million in damage.

And last Friday, the Supreme Court passed a verdict for the Civil case and decided that Prita should not pay the fine.

I hope that for the Criminal case, the Supreme Court would also pass a verdict that would be favorable for Prita and free her from all charges.

For details, please read the following articles :

-  Prita Mulyasari and "That" Defamation Judgment ... (Rob Baiton)
-  Victory: Supreme Court Wipes Prita Mulyasari's Fine for Alleged Defamation (The Jakarta Globe)

Photo :  Courtesy of Suara Merdeka.

Good & Bad about Facebook

This year, the Indonesian news media have reported good and bad news about the social networking media Facebook.

Let's start with the First Good News, about Islamic Schools in Bogor, West Java, supporting the use of Facebook to facilitate communications within their school communities. For details, please click here.

The Second Good News, about Facebook users participating in collecting donation amounting to Rp 1 Billion (US$ 106,000.00) needed for the Liver Transplant of a 17-month-old girl,  Bilqis Anindya Passa. Her cause rallied 98,000 Facebook users to join the Bilqis Love Coins group, dedicated to fund-raising via the collection of coins. For detailed report, please click here.

Now we move on to the Bad News, first about Marietta Nova Triani, a 14 years old girl from Surabaya, East Java, who was abducted from 6 to 8 February by Febriari, an 18 years old boy living in Tangerang, Banten, whom she met through Facebook. For details, please click here.

Then the Second Bad News, about the Police in East Java arrested two men for recruiting at least 20 girls, some aged as young as 15, through Facebook, and then posting pictures and profiles of them on their Facebook accounts to arrange “hook-ups” with older men. For details, please click here.
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And then the Last Bad News, about the General Election Commission in Lamongan, East Java, that plan to sue a Facebook user who has written on his FB page a very insulting comment on the Commission. For details, please click here.

In spite of the bad news, I believe that Facebook provide many good things for us. Beside the above two good news, this was also proven last year when FB users forced the Police to free two Deputy Chairmen of the Corruption Erradication Commission (KPK), Bibit and Chandra, from groundless detention; and there was collection of money to help Prita Mulyasari, mother of two toddlers, pay compensation ordered by the Banten High Court, merely for sending e-mails to her friends complaining about the below standard service of the Plaintiff : Omni International Hospital.

Facebook to Help an Alleged Corruptor

has been used by supporters of Prita Mulyasari, Defendant in the Defamation Lawsuit filed by Omni Hospital, to collect more than four times the amount of fine that the High Court of Banten has ordered her to pay.

According to The Jakarta Globe, this success has inspired lawyers in Solo, Central Java, to use Facebook as grounds for requesting the District Court to grant bail for their client who has been suspected of corruption charges.


Indonesian Lawyer Uses Facebook Group to Request Bail for Corruption Defendent

A lawyer used printed screenshots of a Facebook group as evidence to request bail for a defendant in a school textbook corruption case at Solo State Court, Central Java, on Tuesday.

The hearing was led by Judge Saparudin Hasibuan and the defendant, Amsori, was a former head of Solo’s Sport, Youth and Education Office. At the end of the hearing, Amsori’s legal team requested the judge to grant their client bail.

The lawyers handed a petition of 47 signatures from prominent Solo figures and organizations as well as printed screenshots showing 690 supporters from a Facebook group titled “Simpati pada Pak Amsori” (“Sympathy for Pak Amsori”).

“The panel of judges will consider the request,” Head Judge Saparudin Hasibuan said on Metro TV.

Amsori was indicted for alleged involvement in a Rp 3.7 billion ($398,000) school textbook case. He stands accused of marking up the costs for acquiring textbooks for government schools in Solo.

Prita is Free from Criminal Charges

Today, the District Court of Tangerang, Banten, has acquitted Prita Mulyasari (32) of the Defamation charges filed against her by the Tangerang Prosecutors Office.

In previous trial, the Prosecutors have demanded Prita be sentenced to six months in jail for Defaming Omni International Hospital in Tangerang based on the Electronic Information and Transaction Law.

The judges said that Prita only sent e-mails to her relatives and friends warning them to be careful with the hospital's poor services.

In reaction to the verdict the Prosecutors plan to appeal said verdict, thus Prita must wait for 14 days to know whether or not the Criminal charges is on.

For detailed reports, please click here and here.

Beside Criminal proceedings Prita is facing the hospital's Civil Lawsuit, in which the District Court of Tangerang and High Court of Banten have found her guilty and fined her Rp 204 million. These Verdicts have sparked people all over Indonesia to donate coins worth more than Rp 600 million plus hundred millions more of paper money. Prita has filed an appeal with the Supreme Court against this lawsuit and counter claimed the hospital to pay compensation of Rp 1 Trillion.


Photo : Courtesy of The Jakarta Post.

Coins for Justice

Today, the number of coins donated by people all over Indonesia to help Prita Mulyasari has reached more than 650 million Rupiah.

This is 3 times higher than the 204 million Rupiah (US$ 21,600) fine that Prita must pay based on the verdict of the High Court of Banten regarding Civil Defamation Lawsuit filed against her by the Omni International Hospital in Banten.

The support for Prita has forced the hospital to request for cancellation of Civil proceedings, and request for amicable settlement based on the intermediary of the Minister of Health.

These efforts failed, because Prita wants the Criminal Prosecution against her at the District Court of Tangerang to be canceled too, but cannot be fulfilled by the hospital. So Prita appealed with the Supreme Court for the civil lawsuit case.

Although the Criminal Prosecution is carried out by the District Attorney, but Prita's demand is reasonable, because the Prosecution exists based on the hospital's report to the Police.

In connection with the injustice faced by Prita and the people's support, a businessman Rahmat Shah said that he wants to buy the coins and build a statue that symbolize justice in his hometown Medan North Sumatera.

For detailed media reports, please click here and here.

The coins shows that people hated the injustice faced by Prita who was jailed for 3 weeks just because she sent e-mail to her relatives and friends about the hospital's terrible services.
Whereas there are other people who were suspected of conspiracy against the Corruption Eradication Commission(KPK) but still untouched by the law.


Image: Courtesy of Wikia.

Prita's Fight for Freedom

On 13 May, Prita Mulyasari (32), mother of a baby & infant, was arrested by the Banten Police on charges of Defamation against the Omni International Hospital in Tangerang, Banten.

Many people thought that the arrest was unnecessary because Prita only sent e-mails to her relatives, co-workers and friends complaining about the poor services she received from the hospital. The protests spread very rapidly and forced the Police to release her on 3 June. Afterward, the Tangerang District Court dismissed the criminal prosecution last July. But somehow, the District Attorney submitted a new prosecution against Prita.

Meanwhile, the hospital's Civil lawsuit was accepted by the Tangerang District Court ordering Prita to pay compensation amounting to 300 million Rupiah to the hospital. Later, the Banten High Court confirmed this verdict but lowered the compensation amount to 204 million Rupiah.

Further, Prita rejected the hospital's offer to cancel the lawsuit if Prita make a written apology to them. This is obvious because if she apologize it would surely mean that she has been wrong.
Instead, Prita decided to fight the verdict by filing an appeal with the Supreme Court.

The above courts' verdicts were protested by many people not only because they thought that they were unfair, but also because they were passed at a time when many injustice occurred, for example people who were allegedly involved in conspiracy against the leaders of the Corruption Eradication Commission (KPK) still remain untouched by the law.

People in many parts of Indonesia are now making efforts to help Prita fight for her freedom. Many of them have been collecting large amount of coins. While members of the Regional Representative Council (DPD) have donated 50 million Rupiah to Prita.

For details on the above, please click here, here, here, here, here and here.

Considering the above, I hope that the honorable Supreme Judges at the Supreme Court would carefully use their thoughts, feelings, sights, sense in examining Prita's case, not merely based on legal aspects but other aspects as well. That way justice shall prevail.

Prita's Case Carries On .......

Prita Mulyasari, mother of 2 infants, was arrested and charged with Defamation for sending e-mails to her friends complaining about the terrible services of the Omni International Hospital in Tangerang.

After very strong supports shown by bloggers via online social media, and presidential candidates, on 25 June the District Court of Tangerang passed an Interlocutory Verdict that released her from the charges. As a reaction, the Prosecutor filed an Appeal against this Verdict, with the Banten High Court.

On 27 July, the Banten High Court accepted the Appeal and canceled the Interlocutory Verdict of the Tangerang District Court. According to the Chairman of the Banten High Court Sumarno, the High Court considered that the Electronic Information & Transaction Law No. 11/2008 Art. 54 (1) stated that the law is valid since the date of its promulgation and Art. 54(2) which stated that it would be valid not later than 2 years afterwards.
This is contradictory to the District Court’s interpretation of Art. 54(2) i.e should be valid two years afterward. Beside that, Sumarno said that the District Court did not pay attention to the other basis of prosecution i.e. Defamation based on Penal Code Art. 310 & Art. 311.

In reaction to the High Court’s verdict, Prita told news reporters that she was shocked but she will follow the court proceedings till the end.
And the Tangerang District Attorney said that they are ready to carry on with the Court proceedings, but do not know yet when will the trial start again.

For details on the above, please click here, here, and here.

Photo: Courtesy of Detik

Prita's Update

On Wednesday, 11 June 2009, 9.20 am, the District Court of Tangerang held the second trial of Prita Mulyasari who has been prosecuted for Defamation of the OMNI International Hospital, Tangerang.

At the trial, Prita, as the Defendant, read a defense statement and her lawyers from the O.K. Kaligis & Associates read their Exception Prita the Prisoner of Conscience, in response to the Statement of Prosecution made by the District Prosecutor last week (4 June 2009).
Afterwards the council of judges decided to suspend Prita's status of City Arrest. The trial was then adjourned until next Thursday, 11 June 2009, in which the Prosecutor shall give response to the Defendant's Exception.

With the supension of arrest, Prita is now free to travel and work outside the city of Tangerang.

OMNI's Folly

Prita Mulyasari (32) mother of a one and a three year’s old children, was detained from 13 May to 3 June 2008, because she has sent e-mails to her fiends complaining about the low standard medical treatment provided by the OMNI International Hospital in Alam Sutera, Tangerang.

The hospital was so annoyed by the use of the word “Fraud” in the e-mail, that they initiated two legal actions, Civil Lawsuit and Police Report, against Prita.
The Civil Lawsuit has been decided by the District Court of Tangerang on 11 May that ordered Prita to pay compensation amounting to Rp 50 Million. Both parties have filed appeals against said Court Verdict with the High Court in Serang, Banten.
On 13 May, Prita was summonsed by the Police for alleged Defamation of the hospital, charged her of violating the Electronic Information & Transaction(ITE) Law No 11/2008
Art. 27 Par.3 which carries a maximum sentence of 6 years imprisonment and Fine of Rp 1 Billion, and Art. 45, as well as Penal Code Art. 310 & 311. After the interrogation, she was detained at the Tangerang Women Penitentiary.

The use of the ITE Law as basis for Prita’s detention has been strongly protested in Facebook, blogs, Twitter, and persuaded lawmakers, human right activists and the three presidential candidates to urge the Police and District Attorney to release Pritan and process the case fairly and properly. On Wednesday, 3 June, the Tangerang District Court allowed the changing of Prita’s status into City Arrest.
The first trial of the Criminal Case was held on Thursday, 4 June, during which the Prosecutor has read their Prosecution based on the above Police charges. After 20 minutes the trial was adjourned until 11 June 2009.

Although the hospital may have chances to win the the Court Cases, however the situation is totally different outside legal aspects. This is obvious because people are showing supports to Prita. For example, in Facebook alone, the Prita solidarity movement have been supported by more than 225,459 supporters until Sunday 10.30 pm.
And since Prita's case has now become top news of all news papers, TV, radio in Indonesia, it can be ascertained that the hospital's public image is now very bad.

Further, I noticed that the hospital has been represented by its lawyers in giving response to Prita's e-mail and giving statements which were not customer friendly to the media. Only after the crisis has worsened did one of its Director do the job.

How the said hospital responded to complain made by its ex-patient is very important lesson for hospitals and other public service companies in handling mere complains made by their customers, as follows :
1) Never let Lawyers take the lead in handling crisis related to customer complain
2) Let the company's PR, and/or a PR/Crisis Management Consultant, take the lead
supported by lawyer etc, under the coordination of the company's director.
3) Avoid escalation of the case i.e. to Court, because it can make people think that
if they are not satisfied and complain, they will be sued.
4) If mistake has been done, do not hesitate to admit it and offer compensation
5) Be humble, do not hesitate to apologize for any inconveniences
6) If crisis has gotten worse, approach & persuade the ex-patient/customer without
condition for an amicable settlement.
But it would be different if the customer/client/patient committed serious actions such as : violence, blackmail, life threatening.

Prita has been Released from Jail

In response to the outcry by online supporters, public figures and presidential candidates, Prita Mulyasari, the mother of 2 small children, who was detained for 3 weeks for alleged Defamation of the OMNI International Hospital, Alam Sutera,Tangerang, was released by on Wednesday, 3 June 2009 (photo:courtesy of The Jakarta Globe).

In an interview with The Jakarta Globe, a spokesman of the Attorney General Office Jasman Simajuntak said that the status of Prita’s arrest has been changed into City Arrest. He added that Attorney General Hendarman Supanji had ordered an examination of the case to determine whether or not the District Prosecutor in Tangerang has properly used the Information and Electronic Transaction (ITE) Law as basis for the case.

Meanwhile, according to The Jakarta Post, the first trial of the Defamation Case will be held on Thursday morning, 4 June 2009. And the Tangerang District Prosecutor's Office's said that Prita is charged for violating the ITE Law Art. 27, and the Penal Code Articles 310 and 311, which carry a maximum sentence of six years in jail and maximum fine of Rp. 1 Billion.

Further, I would like to note that this case has received broad attention from public figures, including the candidates for the presidential election on 8 July.
The first was Jusuf Kalla who said on Wednesday that the detention is not correct, followed by Megawati's visit to the Tangerang Women Penitentiary on the same day in which she said the ITE Law should be reviewed, and President SBY's request to the Chief of National Police and the Attorney General that the case should be processed using conscience.

From the above development of Prita's Case, we can expect that the legal proceedings, Appeal for the Civil Lawsuit & Criminal Prosecution will carried out justifiably.

Arrested for Complaining against Hospital

Prita Mulyasari (32), mother of two children below 5 years old, has been detained by the Tangerang District Attorney in the Tangerang Women's Penitentiary since 13 May 2009 (Photo:Facebook).

According to the Tempo newspaper, Prita was detained because she has complained, through a mailing list, about the bad medical treatments that she experienced at the OMNI International Hospital in Alam Sutera, Tangerang. Her e-mail then spreaded to many places including the Reader's Letters Collumn of Detik. Due to which fact, the hospital reported Prita to the Police who charged her with committing Slander based on the Information and Electronic Transaction Law No. 11 Year 2008 (ITE), Article 27 Par. 3, which carries a maximum penalty of 6 years imprisonment or a maximum Fine of Rp 1 Billion.
In this regards, a member of the District Attorney said that his office received the case Reg.no. 55-1/2009 from the Jakarta Police on 25 May 2009.

Beside the above criminal charges, Prita is also facing Civil Lawsuit initiated by the hospital with the District Court of Tangerang under Reg.no : 300/PDG/ 6/2008. Although a verdict has been passed, but the Head of the District Court refused to give explaination saying that both disputing parties have submitted appeals with the High Court on 25 May 2009. He added that the Criminal Case shall began within this week.

The above case shows that conveying messages through the internet can be so risky, therefore one should be careful so as not to annoy other people.
However, I hope that the implementation of the ITE Law in this case would consider Prita's specific condition, e.g she is a mother of two very small children, almost impossible for her to run away or obstruct the investigation, therefore it is not necessary to detain her any longer.