Law and Social Justice Study Centre (LSJ) FH UGM presented their legal perspective and recommendations for the case of Meila Nurul Fajriah. The legal perspective was given to the Yogyakarta Regional Police on Friday (2/8/2024). Meila Nurul Fajriah is a Public Attorney from LBH Yogyakarta that currently carrying out her duties as legal counsel accompanying a victim of sexual violence. However, Meila was named as a suspect by the police on Monday (24/6/2024) for defamation according to the report from the perpetrator.
Responded to this occasion, the academics and the researcher from LSJ FH UGM presented their legal opinion and recommendations. This action was done so that the Investigative Team would immediately stop the investigation process into the case involving Meila and encourage legal proceedings against the alleged perpetrator of sexual violence.
There are several points that were pointed by LSJ FH UGM. The first is the naming of a sexual violence victim's companion as a suspect has the potential to hinder the victim's efforts to obtain justice. Second, the suspect demonstrated bad faith by interfering with Meila's activities as a human rights defender. Third, the use of Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of the ITE Law is an error because what Meila did was a fact related to the public interest and was not defamation. Fourth, the criminalization of the victim's companion is a clear attack on the victim and her companion, even against the independent advocate as a legal defender whose protection is guaranteed by the Legal Aid Law.
According to those points, LSJ FH UGM recommended for a termination of the case investigation process of Meila Nurul Fajriah, S.H. and pushed the Yogyakarta Regional Police to focus on the legal process for the perpetrator of the sexual violence case.
For days after submitted the legal perspective and recommendation by LSJ FH UGM, Yogyakarta Regional Police eventually Investigation Termination Letter (SP3) to Meila, means that the further investigation process has been stopped and the suspect status have been revoked.
Through this legal opinion, LSJ FH UGM expected that the other victim, the companion, and the Human Rights defender that faced the same threat can obtain the justice immediately. Aside from that, LSJ FH UGM also pushed the law enforcer can learn a meaningful lesson from this occurrence and start changing their perspective from formalism of law to the perspective that sided to the victim.
Legal opinion and Recommendation for Meila can be accessed through this link: https://law.ugm.ac.id/wp-content/uploads/sites/9/2024/08/Pendapat-Hukum-LSJ-untuk-Meila.pdf
Author : Patricia Nerissa Krisna Putri (LSJ FH UGM)
