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Prita Must Go to Jail, Prosecutors Say, Regardless of Her ‘Facebooker’ Fans
Heru Andriyanto | November 19, 2009

Prita Mulyasari on trial at the Tangerang District Court. (Photo: Ismar Patrizki, Antara) Prita Mulyasari on trial at the Tangerang District Court. (Photo: Ismar Patrizki, Antara)
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Roland
9:17pm Nov 19, 2009

Dear Valkyre:

You can read a translation of the full text of her email under theunspunblog.com. Google it " Prita Mulyasari Omni Email Translation".

JG: Sorry for posting a link - if you think it is not alright delete the entire comment please.

http://theunspunblog.com/2009/06/03/prita-mulyasari-the-fuss-and-the-fury-of-the-onliners/


sumantha
7:25pm Nov 19, 2009

peterR, Roland, Solace ~ you all said it right.

I pray that the sitting judge have a bigger heart and able to put consumers' right at its rightful place. or else it would be the end of day for our freedom of (responsible) expression as guaranteed by democracy.

I don't know much about law but I believe Prita, the poor mother of 2, has the right to sue whoever was responsible for putting her behind bars for that 21 days before this. Isn't that wrongful detention?


peterR
4:33pm Nov 19, 2009

I cannot understand why Public Prosecutors are allowed to waste money by getting involved in cases of Libel and Slander on behalf of companies and individuals within those companies. And for slander to carry a possibility of prison, well I just find it ludicrous. Surely the whole point is about compensation, not about sticking someone behind bars. While the country is prepared to pay for companies to take people to court, they are going to take advantage of it, as in this case.

This case has done so much to harm the public’s right to claim good service, and to object against bad service and standards when they occur. The level of rights for protection of consumers here in Indonesia is almost nonexistent, and is given only lip service by government departments and many large companies. There is no obvious path open for dissatisfied customers, and certainly no motivation for wronged individuals to pursue higher standards of service.

Allowing cases such as this to go court is one sure way of ensuring that the arrogance of large companies and government departments will continue, and that their refusal to update customer service standards, and to employ competent, professional customer service staff will continue


Roland
2:31pm Nov 19, 2009

Hush - hush....careful what you write in an email or even a public posting as this one - you might get prosecuted and "justice will not bow". How can someone be prosecuted if an agreement for an out of court settlement was already in place AND how can somebody be prosecuted on a law not yet implemented??? This screams to heaven!

“The damage to their reputations cannot be erased” - what reputation one asks: the one giving wrong diagnosis and treatments, or rather their reputation in their social circles?

And once again it is not the ones committing REAL crimes but the ons who cannot effort costly lawyers and has to rely on pro bono representation. I feel very sorry for this mother of children, which already served a jail term for the "crime" of making her opinion heard. I remember there was also recently a sentence given to some school children which "gambled" for a couple of Rupiahs. Is this the "LAW", which is supposed to protect citizens? Is this equality?


Valkyrie
2:18pm Nov 19, 2009

Let's have a "clear" mind on this case. Firstly, I am certain they have sufficient grounds to prosecute and they did it successfully......and with so much vigor I notice.

I have made a few comments on this in the past, whilst asking if anyone has read the full text of her email. In the absence of this, I believe we will find it hard to express our opinions.

I can only feel sorry for her and hope that she will be able to carry herself well through this ordeal.


Just as Attorney General Hendarman Supandji announced plans to include Banten in a pilot project to reform state prosecutors offices, his men in the province on Wednesday demanded a six-month prison term for Prita Mulyasari, a mother of two who is being tried for defamation for writing an e-mail complaint about the care she received at an upscale hospital.

“We are handling a very difficult case because of the strong public opinion that the defendant is not guilty, regardless of the fact that the trial has not yet concluded,” said prosecutor Riyadi, who has been a major target of the public criticism, in his remarks as Prita’s second trial resumed.

“But justice must not bow to pressure just because the defendant has support from so many Facebookers or whatever,” he continued. “We recommend that the defendant, Prita Mulyasari, be found guilty of defamation and be sentenced to six months in jail.”

The requested sentence was far less severe than the six years prosecutors had initially wanted and as mandated by the controversial Information and Electronic Transactions (ITE) Law.

Prita, 32, is accused of defaming two doctors at Omni International Hospital in Tangerang by sending an e-mail to 20 people that described the doctors as unprofessional and impolite. “The damage to their reputations cannot be erased,” Riyadi said.

After the hearing on Wednesday, Prita said she was disappointed by the prosecutors’ demands.

“I was a patient, so I reserve the right to make a complaint in regard to any bad treatment I have received at the hospital,” she said. “What did I do wrong?”

Nearly 400,000 people joined a Facebook support group for Prita after her plight was reported in local and national media this year.

The case against her was initially thrown out in July, but the Tangerang District Court in August began to retry Prita after prosecutors successfully challenged the case’s dismissal.

Prita and the hospital agreed to seek an out of court settlement, but prosecutors, apparently embarrassed at having the case thrown out, insisted on trying her again.

“But at that time, Omni asked me to provide them with a written apology while giving no guarantee that they would never sue me,” Prita said. “I said no because the written document could be used as evidence against me in court.”

Prita’s lawyer, Slamet Yuwono, has asked for time to present his defense in court.

“The prosecutors are overreacting,” he said. “If someone is jailed for sending an e-mail, then thousands would be in danger.”

Wednesday’s quiet hearing was in stark contrast to Prita’s first appearance at the new trial, when hundreds of people, from housewives to students to human rights commissioners, packed the courthouse to support her.

The case stirred public outrage partly because Prita was detained for three weeks ahead of her first trial.

Prosecutors also drew fire over allegations that they had, without consulting the police, added charges using the ITE Law, which carries stiffer penalties for defamation than the Criminal Code.

In the initial weeks of the long-running trial, an internal investigation was ordered into alleged misconduct at the Banten prosecutors office.




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