Prosecutors Ask Judge to Reject Activist Tomy Priatna Wiria's Exception
The Public Prosecutors have requested that the panel of judges at Denpasar District Court reject the exception or defence note submitted by the legal team of ‘Bali Tidak Diam’ activist Tomy Priatna Wiria. The prosecutors argued that the indictment includes the defendant’s identity in full as well as a complete description of the criminal offence.
This request was presented during the hearing responding to the exception at Denpasar District Court on Tuesday (31/3/2026). Prosecutor Eddy Arta Wijaya assessed that the indictment letter meets the formal and substantive requirements as stipulated in Article 75 paragraph (2) of Law No. 20 of 2025 on the Criminal Procedure Code.
“Our indictment letter has been carefully, clearly, and completely prepared in accordance with the provisions of the Criminal Procedure Code,” said the prosecutor.
In addition, the prosecutors assessed that several objections raised by the defence counsel delve into the merits of the case, which should be proven during the examination stage. This includes matters related to the construction of the act and the description of the alleged incitement.
The prosecutors also emphasised that the case ensnaring the defendant is part of the law enforcement process related to the protest event on 30 August 2025 in Denpasar. In response, the prosecutors asked the panel of judges to proceed with the case to the substantive examination stage.
Previously, the defendant’s legal counsel, I Made ‘Ariel’ Suardana, presented the exception on the grounds that the indictment was not carefully prepared. In the hearing held on Tuesday (17/3), Ariel assessed that the prosecutors’ indictment in the alleged incitement case against Tomy appeared 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 should be suspended.
According to Ariel, the substance of this case only stems from a social media post that is actually a form of response to the social situation at that time, not an invitation to commit unlawful acts. He assessed that the post was actually a form of Tom’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 commit riots or criminal acts,” said Ariel.
In his post, Tomy called on students, online motorcycle taxi drivers, and youths to gather and voice their stance against what he called state violence. However, Ariel assessed that the prosecutors have drawn excessive conclusions by linking the post to various criminal articles, including those deemed irrelevant.
“There is no direct contact or incident related to children. But suddenly the Child Protection Law is included. This is a form of forced expansion of the articles,” he added.
Ariel also stated that this case follows a pattern similar to the criminalisation of parties who take a critical stance in the public sphere. According to him, the indictment prepared does not reflect the actual legal events.