Community Figures:
Herrybertus Johan Julius Calame (Suspect)
Maria Goreti Delorita
Antonius Sanjaya Kiabeni (Victim)
Public prosecutor (JPU)
Dr. Artidjo Alkostar (Chairman of the council)
Prof. Dr. Surya Jaya and Sri Murwahyuni (Members of the board).
Before we make a review related to cultural phenomena, it would be good if we first know the terms contained in the topic of mass media, which may still be unfamiliar to our ears, including:
Cassation (Appeal)
It is the cancellation of a verdict made by a previous court in order to obtain justice.
Press Crime
Derived from two words, Delik and Pers. Delik comes from the Dutch word delict which means "criminal act" or violation. The word press refers to the meaning of communication activities carried out through electronic media such as television and radio. So, press offenses mean all criminal acts or violations committed through mass media.
(Ref:www.wikipedia.com).
...Culture has three forms, namely ideas, activities, and artifacts. Ideas are abstract because they exist in the human mind. Activities are all kinds of human actions in interacting with each other. And Artifacts are culture in physical form, for example: buildings, statues, clothing, etc.
(Ref: http://edukasi.kompasiana.com/2012/10/03/tugas-mata-kuliah-pengantar-ilmu-budaya-ii-esai-tentang-kebudayaan-secara-umum-menurut-koentjaraningrat-492433.html)
Symptoms of Culture
A. Ideas:
Two-headed man
Feeling insulted
Article 45 paragraph 1 of Law Number 11 of 2008 concerning electronic information and transactions (ITE Law).
In terms of ideas, there is one main idea that triggers the development of the topic discussed, namely "two-headed humans." This is very abstract so that it gives rise to many perceptions, what is meant by a two-headed human in the case above? Is it really physically two-headed? Or is it just a figure of speech? This is still unclear where it is going, but what is certain is that if it has made other people feel insulted, then ethically it has violated, because it causes discomfort and is disturbing.
In my opinion, the actions taken by the victim were quite good, because they did not use violence, and chose the legal route, although it would have been better if it had been resolved through deliberation and consensus first, but it does not matter because everything has gone through the procedures set by the Republic of Indonesia as a cultural heritage after the old order.
The form of culture as a system of ideas is very abstract, cannot be touched or photographed and exists in the minds of individuals who adhere to the culture. The form of culture as a system of ideas can only be felt in everyday life which is manifested in the form of norms, customs, religion, and laws or statutes. As a system of ideas, what functions to regulate and become a reference for human behavior is social norms. Social norms are standardized unwritten and recognized together by members of the community group. For example, rules or norms of politeness in speaking to older people and rules for visiting other people's homes. The form of culture as a system of ideas is concretely found in laws or written regulations.
So from the case above, it can be concluded that Herrybertus Johan Julius Calame is guilty from the perspective of the cultural idea system because Herrybertus Johan Julius Calame has violated norms or manners by writing a comment on the Facebook wall calling Antonius Sanjaya Kiabeni a "two-headed man", where the comment can be accessed by many people and everyone can see it.
B. Activities
Insults on social media (comments on FB)
Report to the Police
Anton asked for a letter of introduction from the sub-district office in his village.
The prosecutor's demand = 2 months imprisonment for violating the ITE Law.
After an appeal to the high court, the verdict was annulled and the acquittal was granted.
Event: September 6, 2010
Victim report: September 21, 2010
District court decision: September 29, 2011
High Court cassation: January 13, 2012 (slightly confused with the previous 2 months)
The panel decided (final result): September 12, 2013 (the suspect was sentenced to 1 month in prison).
Facebook was created by Mark Elliot Zuckerberg in 2004. In the case above, it happened on a social network, namely Facebook. Where the perpetrator wrote a comment "two-headed human" in the Facebook comment to Anton (third party). So that it raises a problem. The perpetrator was charged with the 2008 ITE Law.
Facebook has a lot of impact on human life. Whether it is negative or positive. Indonesia is one of the largest Facebook users in the world. Facebook greatly influences life in Indonesia. From year to year, Indonesian Facebook accounts are increasing. Whether it is from elementary school children to mothers and fathers. The more accounts, the more negative and positive things caused by the users themselves. Like the case above is one example of a negative thing caused by Facebook users. Actually, there are still many cases that occur but have never been exposed.
The above case also provides a lesson for us, so that we are always careful with our words. Do not just talk or write a status that offends someone on Facebook. Because a little wrong word is already considered defamation.
In terms of the activities above, it is very confusing and there are still many things that raise questions, including the slowness of the judicial process for years (2010-2013), this proves that the judicial process in Indonesia is still weak.
C. Artifacts
- Singaraja District Court (PN),
- Denpasar High Court (PT),
- Supreme Court.
In fact, it would be better if it was processed through a consensus before entering the court process, even though consensus is also part of Indonesian culture. In the case above, it shows that a small problem can become big when it involves other people, just a sentence can end up in the Supreme Court. The judicial institution in Indonesia has several levels from the lowest level (Regional) to the middle level (State) then the highest (Constitution). As mentioned above.
