JAKARTA, Legal Literacy – The South Jakarta District Court (PN) handed down a supervisory criminal sentence to Laras Faizati Khairunnisa binti Wahyu Kuncoro alias Laras Faizati in a case of incitement related to demonstrations. The verdict was read out in a public hearing at the South Jakarta District Court on Thursday (1/15), with the presence of supporters and the media.

Panel of Judges States Defendant Proven Guilty of Incitement

In its verdict, the Panel of Judges chaired by I Ketut Darpawan stated that Laras was proven legally and convincingly to have committed a criminal act of broadcasting writings in public that incite the commission of a criminal act, as in the fourth alternative charge.

“Adjudicating, declaring the Defendant above proven legally and convincingly guilty of committing a criminal act of broadcasting writings in public that incite the commission of a criminal act as in the fourth alternative charge,” said I Ketut Darpawan in front of the Defendant.

6 Months of Supervisory Criminal Sentence and Order to Leave Detention

The Panel of Judges imposed a supervisory sentence of 6 (six) months, with the provision that the sentence does not need to be served as long as the defendant meets the general requirements, namely not committing a criminal act again during the 1 (one) year supervision period.

“Ordering that the defendant be immediately released from detention after the verdict is read out,” continued the Presiding Judge, which was greeted with cheers from the audience.

Judge Disagrees with the Prosecutor's Demand of 1 Year in Prison

In its judgment, the Panel of Judges stated that it did not agree with the Public Prosecutor's demand that the defendant be sentenced to 1 (one) year in prison.

The Panel of Judges assessed that, although Laras was proven to have committed incitement, she did not take further action, such as organizing the masses, gathering like-minded people, or mobilizing other parties—either through electronic means or conventional means—to commit similar acts.

The Panel of Judges also considered that the defendant was a first-time offender, had never been involved in a criminal case before, and was considered to have a great opportunity to improve herself in the future.

“The defendant's life history and social conditions show that the defendant has the potential to become a better person, so a long prison sentence could have a negative impact on her future”, according to considerations as quoted on the Youtube page.

New Criminal Code Basis: Article 70 Paragraph (1), Article 75, and Article 76

The Panel of Judges' considerations refer to Article 70 paragraph (1) of the new Criminal Code, which affirms that imprisonment should not be imposed on perpetrators who are first-time offenders. On that basis, the Panel of Judges chose supervisory punishment as regulated in Article 75 and Article 76 of the new Criminal Code, which emphasizes guidance, behavior supervision, and prevention of recurrence of criminal acts.

Case Background: ITE Law Charges and Uploaded Quotes

Previously, the Public Prosecutor of the South Jakarta District Attorney's Office charged Laras Faizati with violating the ITE Law related to alleged incitement in demonstrations, namely through uploading writings that allegedly encouraged demonstrators.

“When your office is right next to the National Police Headquartes. Please burn this building down and get them all yall I wish could help throw some stones but my mom wants me home. Sending strength to all the protesters !!”, as quoted on the SIPP PN Jakarta Selatan page.

Regarding the verdict, both the defendant through his Legal Counsel and the Public Prosecutor stated that they were still considering filing an appeal.

This decision is cited as an example of the application of the spirit of the new national Criminal Code, which emphasizes a rehabilitative, educative, and restorative approach rather than a purely repressive one.