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Detention of woman tried for defamatory Facebook comments delayed

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Jakarta Post - November 17, 2014

Slamet Susanto, Bantul – Ervani Emy Handayani, a 29-year-old woman arrested for expressing disappointment over her husband's dismissal on her Facebook account, is at liberty, the Bantul district court panel of judges having agreed to her detention-delay request in a hearing on Monday.

Ervani's lawyer, Hamzal Wahyudin, who is also the advocacy coordinator of the Legal Aid Foundation's (LBH) Yogyakarta branch, submitted the detention-delay request to the court on Nov.11.

Presiding judge Sulistyo M. Dwi Putro said that Ervani's detention had been postponed as of Nov. 17. She will be imposed with a Rp 30 million (US$2,453.39) fine if within a period of three months, she is found to have fled and is unable to attend her trial. "If you miss even one hearing, you will be arrested," said Sulistyo.

Ervani said she was happy with the court's decision to grant her detention-delay request. "Now I can get back to my daily life and unite with my family again," she said after the hearing on Monday. Apart from continuing her studies, Ervani said she would also go back to work.

Ervani's legal problems began after she posted comments on a Facebook group belonging to Jolie Jogja Jewelry, where her husband worked as a security guard. Ervani criticized the company's management for allegedly unfairly firing her husband.

Ervani was then reported by the company's officials to the Yogyakarta Police on June 9. The police named her a suspect for defamation on July 9, and she was arrested and taken to the Wirogunan penitentiary in Yogyakarta.

In her first hearing on Nov.11, Ervani was charged with Article 45 and Article 27 of Law No. 11/2008 on Electronic Information and Transactions (ITE) and Article 310 of the Criminal Code on defamation.

Ervani's case has drawn the attention of various parties, including the Information Communication and Technology (ICT) Watch Indonesia.

"The number of victims of ITE Law-related criminal charges has continued to increase. During the period of 2008-2014, the number of cases brought to court reached 71," ICT Watch Indonesia coordinator Donny B.U. said.

Between 2008 and 2011, there were a maximum of three cases per year. In 2012, the number of ITE Law-related cases increased to eight, and further increased to 14 cases in 2013 and 40 cases in 2014. (dyl/ebf)

Source: http://www.thejakartapost.com/news/2014/11/17/detention-woman-tried-defamatory-facebook-comments-delayed.html

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