DPR Sharply Criticises Criminal Police: Stop Charging Victims!
A member of the House of Representatives’ Commission III from the Indonesian Democratic Party of Struggle (PDI Perjuangan) faction, Safaruddin, launched a sharp criticism of the Criminal Investigation Directorate (Bareskrim) of the Indonesian National Police. This was triggered by the determination of suspect status against Nabilah O’Brien, owner of the ‘Bibi Kelinci’ restaurant, in a case of alleged violations of the Information and Electronic Transactions Law and defamation.
Safaruddin believed that the police tended to find fault with parties who should receive legal protection as victims. In his view, Nabilah’s action of spreading CCTV recordings was an attempt to fight for rights and the public interest, not a criminal act.
Call for Case Termination
During a general public hearing (RDPU) at the Parliamentary Complex in Senayan on Monday, 9 March, the former East Kalimantan Regional Police Chief urged Bareskrim Polri to immediately halt the case.
“I do not understand Bareskrim. Why does the police like to charge people who are victims? This case of Mrs Nabila cannot be prosecuted. I am asking Bareskrim Polri to immediately issue a case termination letter (SP3) for this,” Safaruddin said firmly.
He explained that, pursuant to Article 36 of the Criminal Code and provisions in the Information and Electronic Transactions Law, the action of spreading information for the public interest cannot be prosecuted. He lamented the investigator’s stance, which seemed to ignore legal substance in order to process counter-reports.
“Based on the Information and Electronic Transactions Law, this cannot be prosecuted because it falls under the public interest provision. Therefore, I strongly agree that this case should be stopped,” he added.
Warning under the New Criminal Code
The PDI politician also issued a stern warning to all ranks of the police, from the Bareskrim level down to district police stations, to be more thorough and fair in investigations. He reminded them of legal consequences for investigators who committed procedural errors as regulated in the new national Criminal Code.
“I recall that in the new Criminal Code there is a provision. When an investigator makes an error, they will be subjected to sanctions, whether administrative, ethical, or criminal. Please read the new Criminal Code carefully, make it a guideline, and implement it,” said Safaruddin.
The case garnered public attention after Nabilah O’Brien posted CCTV footage showing a husband and wife with the initials ZK and ESR taking 14 food orders from her restaurant without paying. The post went viral and resulted in mutual reports being filed.
Resolution through Mediation
The dispute eventually reached resolution after both parties underwent mediation at the National Police Headquarters on Sunday, 8 March. Trunoyudo Wisnu Andiko, Chief of the Public Relations Division of the Indonesian National Police, stated that mediation was conducted to provide a sense of justice through analysis by the Internal Affairs and Supervision Bureau.
“Yes, in principle, in accordance with applicable regulations, mediation steps were taken today by the Internal Affairs and Supervision Bureau because there were two incident processes being handled, both at Mampang Police Station, South Jakarta Police, Metro Jaya Police, and also by Bareskrim Polri,” explained Trunoyudo.
In the meeting, Zendhy (Z) and his wife, Evi Santi (ES), as well as Nabilah (NA) and KDH signed a peace agreement and withdrew their respective reports.