ICJR: GA and MYD artists are victims, they cannot be convicted page all

JAKARTA, KOMPAS.com – Institute for Criminal Justice Reform researcher Maidina Rahmawati criticized the Jakarta police decision to establish GA and MYD performers as suspects in pornographic video cases. ICJR assessed that GA and MYD were the victims in that case.

Because the sex videos that are made are for personal benefit and not for distribution.

“The ICJR recalls the fundamental note in this case that whoever is in the video, if they do not want it to be released to the public at all, cannot be convicted,” Maidina said in a written statement on Tuesday (12/29/2020) .

Maidina explained that in the context of the application of the Pornography Act, the person in the video who does not wish to distribute the video cannot be convicted. This refers to the explanation in Article 4 of the Pornography Law that parties who perform pornographic content cannot be punished if they do so for their own interests.

Also Read: Legal Experts: GA Artists Are Suspicious For Not Being Careful When Saving Videos With Pornographic Content

Another debate, Meidina said, is related to article 8 of the Pornography Law regarding the prohibition of becoming a model or object with pornographic content. Related to this, he stated that he had studied the discussion treatise on the Pornography Law.

In the treaty, what is defined as a criminal act is the creation, dissemination and use of pornography in public space.

“So as long as the content is of personal interest, even as an actor in a content, the legal and constitutional provisions of Indonesia protect these rights,” Meidina said.

He emphasized that the ban on becoming a pornographic model must remain in a commercial setting, not in personal interests. Therefore, Meidina assessed that researchers should focus on those who disseminate immoral videos to the public.

“Investigators must understand that if GA, MYD does not want the video to be distributed to the public or for commercial purposes, then they are victims who must be protected,” he said.

GA and the man with the initials MYD were named suspects in the case of distributing pornographic videos on Tuesday. The police explained that the decision was made after two title cases and the questioning of both as witnesses.

Also Read: Examined Regarding His Exciting Video, GA Artist: We Answer What We Can

Both GA and MYD claimed to be the ones in the video that went viral in early November. They admit to making the video in 2017 for personal gain only.

“This is the result of the title of the case that was carried out yesterday, raising the suspect status of the witness against GA’s sister,” the head of Public Relations of the Meteo Jaya Police, Kombes Pol Yusri Yunus, told reporters. .

“MYD (also) as a suspect,” Yusri continued.

Both GA and MYD are believed to be included in the Pornography Act.

“We suspect that Article 4, paragraph 1, Article 29 or Article 8 of Law No. 44 on pornography,” Yusri said.

Both also face sentences of up to 12 years. However, on the other hand, the police have not revealed the author who first distributed the video.

“(The first question from the spreader) we are still going ahead,” Yusri said.