The circular letter numbered: SE / 2/11/2021 and signed directly by the National Police Chief, General Listyo Sigit, last Friday, 19 February 2021.
In this Circular, the National Police Chief considers the development of the national situation related to the application of Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE) which is considered to be contradicting the right to freedom of expression of society through digital space.
The National Police Chief asked all Polri members to commit to implementing law enforcement that can provide a sense of justice for the community.
Meanwhile, in the context of law enforcement, the Police always prioritizes education and persuasive steps.
It is hoped that this will prevent the alleged criminalization of the reported person and can guarantee Indonesia's digital space to remain clean, healthy, ethical, and productive.
In this circular, the National Police Chief asked the Police Investigators to guide the following:
a. Keep up with the development of the use of digital space which continues to grow with all its problems.
b. Understand the ethical culture that occurs in the digital space by taking an inventory of the various problems and impacts that occur in society.
c. Prioritizing pre-emptive and preventive efforts through virtual police and virtual alerts that aim to monitor, educate, provide warnings, and prevent the public from potential cyber crime.
d. In receiving reports from the public, investigators must be able to clearly distinguish between criticism, input, hoaxes, and defamation that can be convicted and then determine the steps to be taken.
e. Since receiving the report, investigators should communicate with the parties, especially victims (not represented) and facilitate and provide the widest possible space for the disputing parties to carry out mediation.
f. Conduct a comprehensive study and case degree on cases handled by involving Bareskrim / Dittipidsiber (through zoom meetings) and collectively collegial decisions based on existing facts and data
g. Investigators have the principle that criminal law is the last resort in law enforcement (ultimatum remidium) and prioritizes restorative justice in case resolution.
h. Against parties and / or victims who will take peaceful steps so that they become part of the priority of investigators for restorative justice, except for cases that have the potential to divide, racialism, radicalism and separatism.
i. The victim who still wants his case to be submitted to the court but the suspect is aware and apologizes, the suspect is not detained and before the file is submitted to the prosecutor to be given room for mediation again
j. Investigators should coordinate with the prosecutor in its implementation, including providing advice on the implementation of mediation at the prosecution level
k. In order to carry out tiered supervision of every step of the investigation that is taken and to provide rewards and punishments for the evaluation of the leader on an ongoing basis.
"This Circular is submitted to be followed and obeyed by all members of the Police," said the Chief of Police in a circular
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