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Law Firm Announces Update to Defamation Case Over Wempy Dyocta Koto

2018-07-16 12:03

Jakarta Metropolitan Police Department (Polda Metro Jaya) confirms Ravio Patra as a suspect.

JAKARTA, Indonesia, July 16, 2018 /PRNewswire/ -- Harvardy, Marieta & Mauren, the law firm representing international investor and entrepreneur of Wardour & Oxford, Wempy Dyocta Koto, has announced that Polda Metro Jaya has confirmed Ravio Patra as the suspect for the creation, publication and circulation of lies, false claims and defamatory statements against Wempy Dyocta Koto, originating on the suspect's Facebook page. The decision is based on a strict and structured investigative process and assessment by the police department. Evidence points to the violation of a range of laws with criminal elements set forth in Indonesia's criminal statutes for defamation. As stated in the Investigation Report (SP2HP) by the Cyber Crime Investigation Unit at Polda Metro Jaya, all evidence, expert opinions and investigations directed police to officially confirm Ravio Patra as a suspect.

Wempy Dyocta Koto
Wempy Dyocta Koto

"Wempy has experienced multiple damages from Ravio's false and unverified claims on his Facebook page, including the loss of potential business partners. As a reaction to Ravio's post that went viral, a business partner decided to dissolve a partnership with Wempy, thus clearly impacting and disrupting his flow of business," said Sylvia Mauren, an attorney at Harvady, Marieta & Mauren.

The case originated from Ravio Patra's Facebook page on May 27, 2017. The post claimed that Wempy Dyocta Koto made false claims about his birthplace, life, companies, investments, accomplishments and nationalismConclusive evidence collected by Polda Metro Jaya proves that Ravio Patra's claims were false, and that Wempy Dyocta Koto's list of professional achievements, including the prestigious Asia Pacific Entrepreneurship Award and ACES Award for Asia's Top Outstanding Leaders in 2016 were all factual. In fact, the awards garnered by Wempy are recognised by the mass media and industry as the most prestigious awards in Asia. Indeed, as an international entrepreneur and investor, Wempy has been instrumental in the investment, establishment and growth of many entrepreneurs in Indonesia. Amongst his many international investment projects, Wempy is currently investing US$1 million, which is equivalent to IDR 10 billion plus, to help hundreds of entrepreneurs across Jakarta establish and scale their business.

As a consequence of his action, Ravio Patra has now been charged with multiple violations and layered articles, including Article 310 of the Criminal Code, Article 311 of the Criminal Code, Article 27 paragraph (3) jo and Article 45 paragraph (3) of Law Number 11 Year 2008 (UU ITE); and / or Article 27 paragraph (3) joArticle 36 jo and Article 51 paragraph (2) of the ITE Law. The maximum penalty for the suspect's multiple violations is 12 years imprisonment and IDR 12 billion in fines.

"Ravio Patra edited his Facebook post 21 times with a barrage of changes, after first publishing it in May 2017. Both the original and edited versions carry false claims about Wempy Dyocta Koto, carrying a stream of violations and consequences," said Harvardy M. Iqbal, an attorney of Harvady, Marieta & Mauren. Harvardy added that, "Cybercrime and online defamation carries varied criminal and civil consequences around the world, including imprisonment and major financial penalties. Defamation is no light matter, nationally and internationally."

Windri Marieta, an attorney at Harvardy, Marieta & Mauren also expressed regret that certain media have framed Ravio Patra as a "freedom of speech" victim. Windri states that there is a constitutional difference between the freedom to speak versus the freedom to spread lies. Hence, Indonesia's defamation laws aim to protect society as a whole, and the reputation of individuals, organisations, institutions and communities across the country. In this case, Ravio's post went viral as a result of his written words and direct actions in cross-promoting his Facebook post across his different social media platforms like twitter, and then engaging his audience - whose likes, comments and shares drove the post's virality. Ravio Patra's claims were false, ill-intended, unverified, illegal and damaging to our client Wempy Dyocta Koto. Evidence submitted, witnesses interviewed, documents analysed and laws assessed now mean that Ravio Patra is an official suspect of the crime of defamation, carrying the weight of imprisonment and financial penalties."

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Source: Wardour and Oxford
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