6 facts from the case of Buni Yani, 19 sessions before the sentencing until the pronouncement of the judgment of the cassation

KOMPAS.com – Tuesday (11/14/2017) Buni Yani was sentenced to one and a half years in prison by the Bandung Criminal Court for violating the law on information and electronic transactions ( ITE law).

The panel of judges at the time considered the defendant to be legitimate and was convinced that he was guilty of his actions.

Buni Yani finally appealed the district court decision to the West Java High Court. At that time, the defendant's appeal had been dismissed.

Lawyer Buni Yani appealed to the Supreme Court. As a result, on Monday (26/11/2018), the Supreme Court dismissed the appeal of the accused Buni Yani.

As is known, it was proved that Buni Yani had delivered a hate speech and edited the content of the video of the former governor of DKI Jakarta, Basuki Tjahaja Purnama, aka Ahok.

Here are some facts behind the case of Buni Yani.

1. Suffered 19 lawsuits before the verdict of Bandung NP

ANTARA PHOTO / FAHRUL JAYADIPUTRA The defendant, Buni Yani (center), charged with violation of the law on information and electronic transactions (ITE law), comes after a trial on the agenda of decisions at the Library and Archives Building, Bandung, West Java, Tuesday (11/14/2017). The Bandung District Court Panel of Judges sentenced Buni Yani to one and a half years in prison for trying his acts in accordance with the provisions of Article 32 (1) and Article 28 (1). 2 of the ITE Act by uttering hate speech and modifying the content of the video of Basuki Tjahaja Purnama's speech.

Buni Yani was involved in the law after downloading a video of DKI Jakarta Governor Basuki Tjahaja Purnama's speech on September 27, 2016 in the Thousand Islands.

Buni Yani uploaded his edited video to his Facebook account by including information in the form of a video transcript of the speech that was found to be non-compliant with the original transcript.

Buni also omitted the word "use" when Ahok mentioned the letter of Al Maidah in his speech. Buni Yani was the subject of 19 lawsuits in this case.

On Tuesday (11/14/2018), the Bandung District Court Judge sentenced Buni Yani to one and a half years in prison.

It was proved that Buni was lawful and had convincingly violated the ITE law, Articles 32 (1) and 28 (2) of the ITE Act by uttering hate speech and altering the content of Ahok's video speech. .

"Abandoning criminal prosecution is therefore up to the accused accused of a crime for 1 year and six months," said the president of the Saptono badembly Tuesday (11/14/2017).

Read also: Legal Counsel Buni Yani hopes judges make objective decisions

2. Buni Yani appealed the judge's decision

ANTARA PHOTO / FAHRUL JAYADIPUTRA The defendant in the alleged violation of the law on information and electronic transactions (ITE law), Buni Yani, brandished his fist after suffering a trial with the agenda of the decision at the library and at the archive building, Bandung, West Java, Tuesday (11/14/2017). The Bandung District Court Panel of Judges sentenced Buni Yani to one and a half years in prison for trying his acts in accordance with the provisions of Article 32 (1) and Article 28 (1). 2 of the ITE Act by uttering hate speech and modifying the content of the video of Basuki Tjahaja Purnama's speech.

Buni Yani appealed the sentence of one and a half years of imprisonment pronounced by the college of judges. Buni Yani arrived at Bandung District I District Court, Jalan LLRE Martadinata, Bandung, Monday (20/11/2017) at approximately 11:15 am, accompanied by her lawyer, Syawaludin.

"We appeal, God willing," said Buni at the time.

According to him, the allegations transmitted to him at the time were unfounded and did not result from qualified research.

As a result, this made him an accused and was found guilty by the panel of judges. Buni at the time was sure his call would be accepted and he won.

"Obviously winner, I hope that justice will be done in our country, which is extremely dilapidated in terms of law enforcement.A lecturer discusses on Facebook but then becomes a criminal element, is not it does not, "said Buni.

Read also: Buni Yani sentenced to one and a half years in prison

3. Buni Yani's appeal was dismissed by the West Java High Court.

KOMPAS.com/DENDI RAMDHANI The defendant violated the ITE Buni Yani law while attending a verdict in the Library and Archives (Dispusip) office building in Bandung City, Seram Street, Bandung City, on Tuesday ( 11/14/2017).

The West Java High Court dismissed the accused's appeal in violation of Buni Yani's law on the law relating to computer and electronic transactions, the content of the verdict reinforcing the decision of the Bandung District Court.

"Decision of PT (appeal) dated January 23, 2018, this decision reinforced the decision of the Bandung District Court", spokesman of the Bandung High Court, Ridwan Ramli, contacted by Kompas.com, Wednesday (23 / 05/2018).

It was said that the appeal file was sent back to the Bandung District Court in January. In this way, the Bandung District Court is obliged to submit a decision of the PT to the Respondent and the Attorney General (JPU).

"After the filing of the complaint, the defendant and the prosecutor had the right to appeal within a 14-day grace period after being informed by PT of the PT's decision," he explained.

Read also: Buni Yani appeals the sentence of one and a half years in prison

4. Convicted not guilty, Buni Yani appealed.

KOMPAS.com/DENDI RAMDHANI The defendant violated the ITE Buni Yani law while attending a verdict in the Library and Archives (Dispusip) office building in Bandung City, Seram Street, Bandung City, on Tuesday ( 11/14/2017).

Buni Yani's legal adviser, Aldwin Rahadian, said he knew the appeals filed by the High Court since last January.

After accepting the verdict, he immediately appealed to the Supreme Court.

"Since we received the verdict, we immediately appealed and the proceedings are ongoing," he said.

The cbadation file was declared complete in early April 2018.

"All the cbadation memory and so on … Now, wait for the cbadation decision," he explained.

Read also: Appeal rejected, Buni Yani hopes to obtain justice before cbadation courts

5. The cbadation is rejected, Buni Yani remains guilty

KOMPAS.com/ MOH NADLIR Supreme Court Building, Jalan Medan Merdeka Utara, Number 9, Central Jakarta, Monday (16/04/2018).

On Monday (26/11/2018), the Supreme Court (MA) dismissed the defendant's appeal for violation of the Information and Electronic Transactions Act (UU ITE) of Buni Yani.

Abdullah, head of the office of relations with justice and public relations of MA, said the rejection of Buni Yani's appeal was decided Thursday by the panel of judges (11/22/2018). In addition, the Supreme Court also rejected the cbadation petition filed by the Attorney General (JPU).

"(The cbadation) was pronounced by the panel of judges on November 22, 2018. The verdict, the appeal of the prosecutor and the accused were dismissed," Abdullah said at a meeting held on Monday (26/12/2018) at the headquarters of the MA.

With the decision of the Supreme Court, Buni Yani was always found guilty according to the decision of the Bandung District Court.

Read also: Cbadation denied MA, Buni Yani still sentenced to one and a half years in prison

6. Lawyer Buni Yani admitted that she was not aware of the verdict

Akhdi Martin Pratama Buni Yani after making a police report at the Metro Jaya Regional Police Headquarters on Monday (10/10/2016).

The panel of judges of the Supreme Court (MA) rejected the appeal of the accused for violation of the ITE law, Buni Yani.

Aldwin Rahardian, Legal Counsel, Buni Yani, responded that he had not received his decision. For this reason, his party was not able to provide an answer.

"We have not received a copy of the decision so far, we do not yet know the content of the decision," said Aldwin, contacted by reporters Monday (11/26/2018).

Aldwin said that on the basis of some of the information available to him, the legal team had had to correct the merits of Buni Yani's appeal.

The reason is that, if viewed from a register on the web, the decision was rejected for correction.

"This means that the legal language is to be judged by the Supreme Court itself, which means that it must correct the verdict of appeal.It therefore rejects the appeal of the prosecutor and the prosecutor" , did he declare.

Read also: The attitude of Buni Yani with regard to the cbadation refused by MA

Source: KOMPAS.com (Agie Permadi, Dendi Ramdhani)