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Police Drop Pornographic Charge Against Cut Tari, but Case Continues
Heru Andriyanto | October 14, 2010

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Jakarta. Desperate police are unable to use the Anti-Pornography Law against former TV presenter Cut Tari Aminah and they have now turned to an older law to pursue a criminal charge, her attorney said on Thursday.

The pornographic law was passed in 2008 and couldn’t apply retroactively, while the video was allegedly made in 2005, said lawyer Hotman Paris Hutapea.

“Since a month ago, police have given up using the Anti-Pornography Law, and now they have turned to the emergency law issued in 1951, when Indonesia was still a federal state,” Hotman told reporters at the South Jakarta District Court.

The lawyer said he was confused about the new charges against the woman, because the emergency law was issued when the constitution applied temporarily and it used an outdated version of the Indonesian language.

Article 5 paragraph 3 of the emergency law no. 1 year 1951 states that “an action that can be considered as a crime according to the law, but if there is no relevant article in the Criminal Code against it, then traditional law can apply.”

The case documents against Cut have moved back and forth between the police and the Attorney General’s Office over the last couple of months without any conclusion, said Hotman.

“The pornographic law has been dropped from the charging documents. Now they use article 282 (on indecency) of the Criminal Code along with the 1951 emergency law,” said the lawyer.

“The change was made based on instructions by prosecutors.”

Another key obstacle for the completion of the case is the fact that police can not find the location where the sex video involving Cut and Nazriel “Ariel Peterpan” Irham was shot, as both suspects claimed they couldn’t remember the place, said the lawyer.

“Cut Tari could recall the event but she just couldn’t remember where. As for Ariel, he didn’t remember both the event and the place,” Hotman said half-jokingly.

“The case is in deadlock because prosecutors cannot bring it to the court if no one knows where the video was shot,” said Hotman.

Another former top TV presenter, Luna Maya, is also a suspect after police found a separate sex video between her and Ariel.