Reflecting on the Nabilah O'Brien case, DPR member: Police must be cautious in establishing suspects
A member of DPR Commission III, Rikwanto, has criticised the defamation case handling involving Nabilah O’Brien, owner of the Bibi Kelinci restaurant, following her viral posting of CCTV footage of a theft. Rikwanto views this case as a damaging precedent that could undermine legal logic and public confidence in maintaining security.
Rikwanto emphasised that police should protect crime victims seeking justice, rather than processing counter-reports from perpetrators.
“I strongly agree that this case should be discontinued so the public is not afraid to report crimes. It would be absurd if a thief could claim there is no court verdict yet, then file a counter-report against the victim for spreading the footage of the incident,” Rikwanto stated during a General Hearing Session at the Nusantara II Building in Senayan on Monday (9 March).
Rikwanto drew an analogy regarding the function of CCTV systems in communities. In this digital era, he argued, recorded footage constitutes irrefutable evidence. Distributing such recordings to identify perpetrators is part of protecting the public interest.
He also criticised the misuse of the presumption of innocence principle, which is frequently weaponised by perpetrators to counter-attack victims through legal channels.
“The general logic is that the public immediately spreads news of theft so the perpetrator is caught. Therefore, the presumption of innocence is not absolute in this context, especially when the purpose is for public interest. The principle should not be allowed to protect the administrative rights of perpetrators to strike back at victims,” he stressed.
Rikwanto urged law enforcement to examine the context of events more carefully to prevent a shift from substantive justice towards rigid administrative law.
“Law enforcement must align with public interest. We want the public to not hesitate in reporting crimes in their vicinity because they feel protected by the state,” Rikwanto concluded.
The case began when Bibi Kelinci owner Nabilah O’Brien uploaded CCTV footage showing a husband and wife, identified as ZK and ESR, taking 14 food and beverage orders from her restaurant without payment. The post went viral on social media.
Nabilah reported the incident to Mampang Prapatan Police. Subsequently, on 30 September 2025, ZK and ESR filed a report against Nabilah with the Criminal Investigation Directorate (Bareskrim) of the National Police alleging violations of the Information and Electronic Transactions Law, defamation, and libel.
On 24 February 2026, Mampang Prapatan Police established ZK and ESR as suspects for alleged theft. Subsequently, on 28 February 2026, Nabilah was established as a suspect by the Cyber Crime Directorate (Dittipidsiber) of Bareskrim for alleged violations of the Information and Electronic Transactions Law and defamation.
This mutual reporting case ultimately concluded peacefully after both parties underwent mediation at Police Headquarters in South Jakarta on Sunday (8 March). Brigjen Trunoyudo Wisnu Andiko, Head of the Police Public Relations Division, stated that the mediation was conducted to provide a sense of justice for all parties through measures analysed by the Internal Audit Bureau.
“Yes, in principle according to applicable regulations, today steps were taken by the Internal Audit Bureau because there were two criminal proceedings handled at Mampang Prapatan Police Station, South Jakarta Metropolitan Police, Metro Jaya Regional Police, and also by Bareskrim,” said Trunoyudo at Police Headquarters on Sunday (8 March).
Pursuant to Article 36 of the Criminal Code and provisions in the Information and Electronic Transactions Law, distributing information for public interest cannot be prosecuted.
Trunoyudo mentioned that the momentum of the holy month of Ramadan also contributed to both parties’ spirit of mutual forgiveness and self-reflection.
Another DPR Commission III member, Habiburokhman, emphasised that deep understanding by law enforcement of the spirit of the Criminal Code and Criminal Procedure Code can prevent criminalisation cases such as that of Bibi Kelinci’s Nabilah O’Brien.