Heru Andriyanto & Ismira Lutfia, Jakarta – Journalists, lawyers and even Hugh Hefner over the weekend rallied around jailed former Playbor editor Erwin Arnada, who this week will attempt to use his last get-out-of-jail card.
Erwin, who was picked up by police and prosecutors on Saturday upon his arrival at the Soekarno-Hatta International Airport from Bali, has said that he would file his case review with the Supreme Court immediately this week.
"As a law-abiding citizen, I turn myself over to the prosecutor's office for my imprisonment, and now I leave it for my lawyers to do the legal challenge," Erwin said before being sent off to Cipinang prison in East Jakarta, where he began his two-year sentence for violating Indonesian indecency laws.
The Press Council, a media watchdog, has promised free legal assistance for Erwin until his case received a final verdict.
"Our stance has not changed since 2007 – that the Indonesian version of Playboy magazine doesn't breach the pornographic law and that we deplore the use of Criminal Code against Erwin," the council's Uni Lubis said.
Press Council member Agus Sudibyo said the case had "put a stain on President Yudhoyono's administration, as it makes the government looks like it still fails to understand the basic tenets of press freedom."
Playboy founder Hugh Hefner also chimed in, tweeting: "It's nice to see so much support for the Playboy editor arrested in Indonesia."
Seeking a case review is Erwin's last legal option, but it requires the convict to present new evidence. Though Erwin could ask for presidential clemency, doing so would be tantamount to an admission of guilt.
"The verdict reflects a fatal error by the judges," said renowned lawyer Todung Mulya Lubis when asked about the case. "We will register the case review request on Monday or Tuesday."
Todung said that as a publisher, Erwin should have been tried under press laws instead of the Criminal Code. "Erwin has done his job as professional journalist, and if any journalist is in conflict with the law because of his duty, he must be tried under the press law.
It happens to Erwin today, but next, it could be you," Todung told reporters.
The South Jakarta District Court acquitted Erwin in 2007 for that very reason, but in July of last year the Supreme Court overturned the acquittal and sentenced Erwin for indecency under Article 282 of the Criminal Code, siding with an appeal by prosecutors.
The lower court said that the magazine, which contained no nudity, was published after it met all government regulations on media publications and obeyed rules requiring adult magazines to be sold with sealed plastic covers.
The Legal Aid Center for Press (LBH Pers) said media activists and experts could assist Erwin by giving out-of-court advice or submitting amicus curiae [friend of the court] briefs to the court.
"[But] it would be up to the judge whether he would include our insight into his consideration," LBH Pers chairman Hendrayana said.
He said amicus curiae briefs had contributed to the Supreme Court decision last year to overturn a criminal defamation conviction against Time magazine. The case stemmed from a May 1999 cover story alleging former President Suharto and his family had amassed a fortune of $15 billion over three decades of rule.