Chief of the National Police issues SE on the ITE law, the suspect apologizes, he does not need to be detained

JAKARTA, KOMPAS.com – The Chief of the National Police, General Listyo Sigit Prabowo, issued a circular on the application of the Law on Information and Electronic Transactions (ITE).

There are 11 points in the letter, one of which states that investigators do not need to detain suspects who have apologized.

Circular letter number SE / 2 / II / 2021 concerning ethical cultural awareness to create a clean, healthy and productive Indonesian digital space was signed by the Chief of the National Police on February 19, 2021.

Through the letter, the Chief of the National Police asked all members of Polri to commit to implementing the application of the law that can provide a sense of justice for the community in the implementation of the ITE Law.

Therefore, Sigit asked his staff to prioritize education and persuasive steps in handling ITE Act cases.

Also read: Mahfud: The ITE law study takes 2 months

“To enforce fair law, the National Police always prioritize education and persuasive steps to avoid accusations of criminalization of the person reported and can ensure that the Indonesian digital space is kept clean, healthy, ethical and productive,” wrote the Chief. Police in the SE.

There are also 11 points that should be used as guidelines for members of the National Police in handling ITE Law cases, which are as follows.

Police investigators are also asked to comply with the following:

a. Keep up to date with the development of the use of digital space that continues to grow with all its problems.

B. Understand the ethical culture that occurs in the digital space by making an inventory of the different problems and impacts that occur in society.

C. Prioritize preventive and preventative efforts through virtual police and virtual alerts that aim to monitor, educate, provide warnings, and prevent the public from potential cybercrimes.

D. Upon receiving reports from the public, investigators must be able to clearly distinguish between criticism, comments, deception, and defamation that can be convicted and then determine what to do next.

Also read: Police Chief Issues Telegram Guidelines for Handling ITE Law Cases

me. Upon receipt of the report, investigators must communicate with the parties, especially the victims (not represented) and facilitate and provide the widest possible space for the disputing parties to conduct mediation.

F. Carry out a comprehensive study and title of matters on matters discussed involving Bareskrim / Dittipidsiber (may be via zoom meeting) and collectively make collective decisions based on available facts and data.

gram. Researchers have the principle that criminal law is the last resort in the application of the law (ultimatum remidium) and prioritizes restorative justice in the resolution of cases.

h. For parties and / or victims who will take peaceful steps to become part of the priority of restorative justice investigators, except in cases that have the potential to divide, racial and separatist issues.

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I. The victim who still wants their case to be taken to court but the suspect is aware and apologizes, the suspect is not detained and before the file is presented to the prosecutor, he will be given space for mediation again.

j. Investigators should coordinate with the prosecutor in their implementation, including advice on the implementation of mediation at the prosecution level.

k. In order to carry out stepwise supervision of each step of the investigation that is taken and provide rewards and punishments for the evaluation of the leader on an ongoing basis.