Friday, October 8, 2010

Victory: Supreme Court Wipes Prita Mulyasari's Fine for Alleged Defamation

Jakarta Globe, Heru Andriyanto | October 08, 2010

Jakarta. The Supreme Court have found in favor of Indonesian mother-of-two Prita Mulyasari, striking out a lower court ruling that she pay Omni International Hospital Rp 204 million ($23,000) for alleged defamation.

The Supreme Court has ruled that Indonesian
mother Prita Mulyasari does not have to pay Omni
International Hospital a Rp 204 million fine for alleged
defamation but is still yet to rule on the conviction.
(Antara Photo)
“The Supreme Court has decided to accept Prita’s appeal in her civil case,” Slamet Yuwono, one of Prita’s lawyers, told the Jakarta Globe on Friday. “It means that Ibu Prita is free from the obligation of having to pay a Rp 204 million in fine to Omni Hospital and to apologize in national newspapers.”

The mother of two was charged with libel after an e-mail she sent complaining about the alleged poor service she received at the private hospital was circulated on Internet mailing lists.

Prita, however, is still waiting for the Supreme Court verdict against her criminal conviction.

“We’re optimistic that we will receive good news from the appeal against Prita’s criminal because it’s unheard of for the Supreme Court to deliver two opposite verdicts,” Slamet said.

OC Kaligis, the head of Prita’s legal team, said the landmark verdict would set an example for other victims of hospital mistreatment.

Prita was charged under the controversial 2008 Electronic Information and Transaction Law that mandates up to six years in prison for defamation. There is a move underway in the House of Representatives to amend the law.

Prita was held in jail for three weeks earlier this year as she awaited trial, but media coverage and a swell of support on the social networking site Facebook compelled police to release her on bail.

The “Prita case,” has been a public relations nightmare for Omni, which from the beginning has been seen in the public’s eyes as attempting to bully a middle-class housewife.

The hospital won a separate civil case against Prita and recently was awarded Rp 204 million in damages, but it decided to drop the suit after Prita appealed.

Indonesians from all walks off life, ranging from scavengers to schoolchildren to members of President Susilo Bambang Yudhoyono’s Democratic Party, donated more than Rp 800 million to pay the fine.

As the tide began to turn, Prita struck back with a Rp 1 trillion countersuit against Omni, which is now seeking an out-of-court settlement.


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