UNAIR NEWS – The sexual harassment case happened to Baiq Nuril, a former staff of SMAN 7 Mataram, NTB, is still being discussed until now. Many people did not accept the court verdict that Baiq Nuril was guilty. They argue, sexual harassers must be thrown into jail.
Narrated, Baiq Nuril often received harassing phone calls from her headmaster at SMAN 7 Mataram, Muslim. Baiq was verbally abused day after day until one time, because she could not stand the treatment of her superior, Baiq decided to record the conversation between them. In the recording, Muslim told her his affair with the treasurer where Baiq works.
The problem was getting worse when Imam Mudawin, Baiq co-worker, learned the indecent behavior from Muslims to Baiq. Without thinking, Imam asked for the recording from Baiq and distributed it to City Government Office of Mataram.
Finally, the news reached Muslim’s ears and made him angry. Instead of apologizing to Imam, Muslim instead reported Baiq to the police station on charges of distributing the recording.
In the court, Baiq Nuril was defeated. The Supreme Court (MA) sentenced Baiq guilty to charges of violating Electronic Information and Transaction Law Article 27 paragraph 1, (28/11). Baiq was sentenced 6 months in prison and a fine of 500 million.
Reviewing Baiq Nuril case from an academic point of view, FH UNAIR held “Examination of Baiq Nuril Verdict”, on Jan. 25 at Building C, UNAIR Center of Studies campus B. Examination was carried out openly, an assembly of 11 gathered to conduct the examination, even though some were unable to attend. Some of them were from outside UNAIR, such as Dr. Widodo Dwi Putro, S.H., M. Hum from FH University of Mataram, Taman Metajuridika Dr. Anis Farida, S.Sos, SH, M.Si, as Secretary of Master HTN Head of Program, Sunan Ampel UIN Dr. Devi Rahayu, S.H., M.H. from FH University Trunojoyo, and other academics.
The examination was started by sharing opinions regarding Baiq Nuril case. Dina Tsalist, S.H., LLM from the Center for Human Rights and Migration UNEJ said that there was a legal defect from the judge’s verdict. Baiq Nuril experienced layers of discrimination both in terms of economy, salary as staff, and other aspects.
“The most fatal incident was when the judge decided that the Baiq case could be a lesson for the community when in fact this problem is not resolved properly, ” continued Dina.
Dr. Herlambang P Wiratraman, S.H., M.A from the UNAIR Center for Human Rights and Legal Studies also stated that the court’s decision did not consider the context, formalism, and denial of constitutional rights. He said that such case must be dealt with firmly because if there were similar cases, the verdict unfair would continue.
“Not only resolving cases formally, but also having to consider how the reality of this case is,” Herlambang added.
The final conclusion, the assembly agreed that Baiq Nuril was not entirely guilty. Although Baiq recorded his conversation with Muslim, she had absolutely no intention to distribute the record. Although the result of the examination will not change the judge’s decision, the public is expected to reflect on Baiq Nuril case, whether the legal principles in Indonesia have been properly enforced.
Author: Tunjung Senja Widuri
Editor: Khefti Al Mawalia