Budi Utami Putri And Rosseno Aji, Jakarta – A criminal law expert at the Trisakti University, Abdul Fickar Hadjar, argues the suspect naming against the Jakarta State University Robertus Robet is invalid.
He said that the police charge Robertus Robet with Article 207 of Criminal Code which is an offense complaint (delik aduan) which the police cannot proceed without the existence of a complainant.
"Since no one reported a complaint, the police developed their investigation based on their initiative. And I think, that's what makes it invalid," he said when contacted on Saturday, March 9.
Previously, the police named Robertus Robet as the suspect for insulting Indonesian Military (TNI) following the pieces of video of his oration during the Kamisan event on Feb. 28, that went viral on the internet.
Robet criticized the government's plan to expand TNI members' across numerous civilian positions by singing an altered version of TNI's march during the rise of reformation. This video was then edited and spread across the internet and led to his arrest.
Robertus Robet's criticism was against the plan to expand the role of TNI members, which is against the spirit of Indonesia's reform and civilian supremacy and to further push TNI to stay true to its role as Indonesia's defense element.
The police head of public information Brig Gen. Dedi Prasetyo said that Robertus Robet's arrest was based on Model A report, meaning that the police made their own report after they discovered a criminal act.
Robertus Robet was arrested at his home in Depok, West Java, on Wednesday night, March 6, and was directly brought to National Police HQ's criminal unit.
Fickar views that using Article 207 in Robet's case is unfit since there was no one filing a report to police following the viral video. "The crime can only be processed if there is a victim who files a report [to police]. In Robet's case, who reported it? Is there any party harmed by his action?" he said.
Fickar argues that Robertus Robet may file for a pre-trial since the suspect naming was not in accordance with the procedure.