Student Activist from 'Bali Tidak Diam' Files Exceptions, Claims Prosecution Indictment Lacks Precision
The continuation of the trial involving student and activist Tommy Wiria from ‘Bali Tidak Diam’ at Denpasar District Court scheduled the reading of exceptions or objections from the defendant’s legal counsel on Wednesday (26/3/2026).
In the hearing, Tommy’s lawyer, I Made “Ariel” Suardana, presented several points of resistance against the public prosecutor’s indictment, which was deemed not to meet the requirements of criminal procedure law.
Ariel stated that the indictment drafted by the prosecutors was not meticulous, unclear, and incomplete, thus failing to fulfil the formal requirements as stipulated in the Criminal Procedure Code (KUHAP) and the internal guidelines of the prosecutor’s office.
“This indictment is not drafted meticulously, clearly, and completely. Therefore, we consider this indictment legally flawed,” he said after the hearing.
Additionally, the exceptions emphasised that Tommy is a human rights defender. This refers to statements from the National Human Rights Commission of Indonesia (Komnas HAM RI), which describe Tommy as active in efforts to advance and enforce human rights, particularly regarding the rights to assembly, association, and freedom of opinion.
According to Ariel, his client’s actions cannot be categorised as criminal offences but rather as part of the freedom of expression guaranteed by the constitution.
“The actions charged are not criminal offences. They are forms of freedom of opinion and expression that should be protected by the state,” he stressed.
In the objections note, the legal team also assessed the legal process ensnaring Tommy as a form of criminalisation against a human rights defender, conducted arbitrarily and forcibly.
They even viewed the process as potentially harming the principles of the rule of law and democracy, as well as creating fear in society to act critically.
“This is not just an ordinary criminal case. We see an effort to silence critical attitudes and create fear in public spaces,” said Ariel.
On that basis, they requested the panel of judges to accept the submitted exceptions, declare the indictment null and void by law or at least unacceptable, and halt the trial process.
Additionally, the legal counsel petitioned for Tommy to be freed from all charges and immediately released from detention, as well as the restoration of his good name and rights.
“We request the panel of judges to halt this case and free the defendant, because the charges submitted are unfounded,” he said.
In this case, Tommy is charged with several articles, namely Article 247 of the Criminal Code in Law No. 1 of 2023 on incitement to commit violence or resist authority, and Article 243 paragraph (1) of the Criminal Code regarding the dissemination of enmity that can lead to violence.
Additionally, the prosecutors also submitted alternative charges through the Electronic Information and Transactions Law (ITE), namely Article 45A paragraph (3) juncto Article 28 paragraph (3) of Law No. 1 of 2024 on the second amendment to the ITE Law, as well as Article 87 juncto Article 76H in the Child Protection Law.