Commission III: Nabilah O'Brien Does Not Meet Elements of Defamation
The Indonesian House of Representatives Commission III has assessed that the actions of social media personality and Bibi Kopi Tiam restaurant owner Nabilah O’Brien do not meet the elements of unlawful conduct and intentionality required to constitute defamation or damage to the reputation of guitarist Zendhy Kusuma and his wife Evi Santi.
This was one of the key conclusions from Commission III’s direct session on the matter held on Monday, 9 March. Commission III Chair Habiburokhman stated that the conclusions were read aloud as the case has been resolved following mediation on Sunday, 8 March.
“Commission III of the Indonesian House of Representatives assesses that Ms Nabilah O’Brien clearly does not meet the elements of unlawful conduct and intentionality to defame or damage the reputation of another person,” said Habiburokhman.
Commission III supports the withdrawal of Nabilah’s suspect status and the termination of the case through restorative justice without imposing hardship.
“Commission III of the Indonesian House of Representatives requests that law enforcement authorities investigating criminal offences, particularly those related to statements and defamation, adhere to Article 36 of the new Criminal Code, which stipulates that no one can be held criminally accountable without meeting the element of undeniable intentionality,” he added.
Previously, Nabilah O’Brien stated she had been designated a suspect after discussing a theft case she experienced on social media. She shared her frustrations through her Instagram account @nabobrien.
“I am a theft victim who became a suspect at the National Police Criminal Investigation Directorate. I remained silent for five months because I was afraid to speak and voice my concerns,” Nabilah said in her post on Friday, 6 March.
The case originated from a married couple with initials ZK and ER becoming upset because the food they ordered at Nabilah’s restaurant had not arrived. Not only did they hurl abuse at kitchen staff, but they also boldly took the food without paying.
Nabilah subsequently reported ZK and ER to the police. Following investigation, both were designated as suspects.
Regarding this, the Public Relations Director of the Metro Jaya Police Regional Command Senior Commissioner Budi Hermanto stated there were two separate cases at Nabilah’s restaurant.
The first case involved allegations of theft under Article 363 of the Criminal Code, handled by Mampang Prapatan Police Station, where NAA (Nabilah) was the victim reporting ZK and ESR. Both were designated as suspects and scheduled for examination on Monday, 9 March 2026, though their legal representatives submitted a request to postpone the examination.
The second case concerned the uploading of CCTV footage to social media, handled by the National Police Cybercrime Directorate, where in this case Nabilah was positioned as the respondent.
Subsequently, the National Police Headquarters stated both parties had mutually withdrawn their reports from the police.
The Police Public Relations Division’s Head of Public Communications Brigadier General Trunoyudo Wisnu Andiko stated both parties attended mediation conducted at Police Headquarters on Sunday, 8 March.
“In this peace agreement, which we presented earlier, both parties have processed the withdrawal of their respective reports,” said Trunoyudo on Sunday evening.
Both parties also agreed to mutually delete social media posts related to the dispute.
“Therefore, in the mediation minutes process and the subsequent withdrawal, and today before us all, they carried out the deletion from their respective social media accounts, which indeed became the agreement in this peace settlement,” he said.