Police criticized over students' VCD
Yuli Tri Suwarni, The Jakarta Post, Bandung
Lawyers have criticized the decision of Bandung police to name students AH and NN as suspects in the case of a porn VCD starring the two students, saying that the decision was groundless.
Criminal law expert at the Padjadjaran University in Bandung Pontang Moerad said last week that the police had fabricated matters.
"Our Criminal Code (KUHP) prohibits three things about sexual relations: adultery, under-aged sex and sex with violence, which we know as rape. The two students are adults who had sexual relations with mutual content. This is a question of morals which is not covered by the KUHP," Pontang told The Jakarta Post on the weekend.
He regretted the reckless move by the police to question people (the two students) without legal justification.
"What have they (the two students) done? They filmed themselves for their personal viewing. They had never intended to sell or circulate copies of the film. The two are really victims who deserve compensation for the unwanted circulation of their film," said Pontang.
"The police should stop the questioning of the two students (as suspects) before they are embarrassed."
Chief of Bandung police detectives Adj. Sr. Comr. Siswandi told the media on Friday that the two students had officially been named as suspects on Thursday, Oct. 24.
"And legal proceedings were taken over by the West Java police from that point," he said in Bandung.
The suspects, AH, a (male) student of the National Institute of Technology (Itenas) and NN a student of the Padjadjaran University were both summoned on Thursday. But only AH fulfilled the police summons, while NN failed to show up.
Accompanied by his lawyer Atilla Graziani, AH was asked 30 questions by the interrogators.
According to chief of West Java police detectives Sr. Comr. Hendra Sukmana the naming of AH and NN as suspects was based on West Java Police chief Insp. Gen. Sudirman Ail's statement that the two had committed immoral acts.
The story began when AH and NN celebrated the 23rd month of their relationship in a hotel in Jakarta. Using a handycam belonging to a friend they filmed themselves having sex and AH asked a friend to transfer the footage from handycam cassette to VCD.
To the couple's shock, copies of the VCD began circulating without their permission. The film has been available in local illegal markets since August.
Nursyahbani Katjasungkana, a Jakarta-based lawyer, said in a separate interview that the police had overacted in this case.
"The police may use Article 282 of the Criminal Code on immorality. The police should have proven that the two were guilty of displaying, circulating or distributing pornographic material to the public. If they (the police) cannot prove this they cannot name the two as suspects," said Nursyahbani, who is also a rights activist.
She said that there must have been misinterpretation of the article.
Anyone found guilty of violating Article 282 of the Criminal Code is subject to a maximum 18-month jail term or a fine of Rp 4,500.
Sr. Comr. Hendra told reporters in Bandung that the two had violated the Law on Film, No. 8/1972. "They made a film, didn't they?"
Chief of West Java detectives for general crime Comr. Guntur Laupe said that the two had also violated the Supreme Court's ruling No. 666/1984, which says that a sexual relationship between an unmarried couple is an offense.
The ruling has been effective since Feb. 23, 1985.