Judge Rejects Exception Filed by Defence Team of Student Activist 'Bali Tidak Diam'

The panel of judges at the Denpasar District Court rejected the exception submitted by the defence team of the defendant Tomy Priatna Wiria during the interim ruling hearing on Tuesday (7/4/2026). Tomy is a student activist charged with hate speech. He is accused of inciting the masses through social media in the demonstration titled ‘Bali Tidak Diam’ some time ago.

With this ruling, the case proceeds to the evidence stage. “The panel of judges does not accept the exception; the case continues,” said Tomy’s lawyer, I Made ‘Ariel’ Suardana, after the hearing.

In its considerations, the panel of judges stated that the prosecutor’s indictment has met both formal and material requirements, so the objections raised by the defence cannot be accepted.

Nevertheless, the defence team regrets the ruling. Ariel assessed that the panel of judges did not consider several important aspects presented in the exception.

“Indeed, the judges view the indictment as complete, meticulous, and clear. However, what we regret is in their considerations,” he said.

Regarding the suspension of detention, Ariel mentioned that the panel of judges has not yet granted the request submitted by their side. He said the defence team will complete the necessary requirements.

“We want to complete the requirements for the suspension of detention. We hope the defendant can attend education; may the suspension of detention request be granted,” Ariel said in front of the panel of judges.

He also emphasised that the subsequent evidence stage is the responsibility of the public prosecutor. “Evidence is a moral responsibility for the prosecutors,” he asserted.

Previously, the defence team assessed that the indictment against Tomy was not meticulously prepared and contained legal flaws. However, the prosecutors refuted that claim and stated that the indictment complies with the provisions of the Criminal Procedure Code. With the exception rejected, the trial will continue to the agenda of witness examination and evidence in the near future.

Previously, the defendant’s lawyers submitted the exception on the grounds that the indictment was not meticulously prepared. In the hearing held on Tuesday (17/3), Ariel Suardana assessed that the prosecutor’s indictment in the alleged incitement case ensnaring Tomy seemed forced.

Tomy himself is a student and activist who manages the social media account @Balitidakdiam. Ariel emphasised that the detention of Tomy lacks urgency and is thus worthy of suspension.

According to Ariel, the substance of this case stems solely from a social media post that is essentially a response to the social situation at that time, not an invitation to commit unlawful acts. He assessed that the post actually represents Tomy’s concern for the developing social conditions in society at that time.

“If read in full, it is only a call for consolidation and responding to the situation. There is no invitation to cause riots or criminal acts,” said Ariel.

In his post, Tomy called on students, online motorcycle taxi drivers, and youth to gather and voice their stance against what he called state violence.