"The community's mindset must change because they still view the criminal law as a means of revenge. That is wrong," Hiariej stated at the virtual audience event "Revision of ITE Law Must Protect Freedom of Expression" broadcast live on Amnesty International Indonesia's YouTube channel, here, Wednesday.
Hiariej made the statement while responding to an input from the Amnesty Chapter of Airlangga University, Pradnya Wicaksana, who pointed out that the state, in this case, law enforcement officials, had a tendency or "hobby" to punish the community.
Furthermore, Hiariej emphasized that not only law enforcement officials were involved in the process of charging guilty citizens but also the public who report to the police. However, he believes such cases can actually be tackled by both parties through discussion and peaceful means.
"This is because the mindset that exists in the community tends to punish rather than fix the problem together," he added.
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Hiariej suggested the public to use peaceful means to solve a problem in order to avoid going through a legal process, especially that related to the enforcement of the ITE Law that includes articles of defamation.
"If it can be resolved peacefully, do not go into legal proceedings," he stressed.
On the same occasion, Hiariej also made corrections to the term "criminalization" that is often used by the public to describe people charged under the ITE Law and required to undergo a process conducted by police officers.
According to Hiariej, criminalization is a legislative process to declare an act that is not a criminal into a criminal act.
To this end, he views the use of the term "criminalization" in every case related to ITE Law as inappropriate.
"It is not criminalization, but community policing," he emphasized.
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Translator: Putu S, Kenzu T
Editor: Suharto
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