The Bogor people insulted the Mayor of Surabaya to defend the Governor of Jakarta. There are Jakarta – Surabaya – Bogor. There is a triangle. Nowadays, the insulter is being investigated by the East Java Regional Police.
If referring to locus delicti (where the crime occurred) it should be in Bogor. It isn’t East Java Regional Police, but locus delicti is no longer as an issue in the cases of the violations of electronic transaction information (ITE) laws.
In fact, long time ago before there were many the hatred speech in Indonesia (which began ahead of the 2014 Jakarta elections) in the Western countries, hatred speech ignored the locus delicti.
The territorial boundaries isn’t applicable fot the cyberspace crime (Gaines and Miller, 2011).
Therefore, the housewife in Bogor who insulting the Surabaya Mayor, can be investigate in East Java Regional Police.
This script will not review the insulting cases of Surabaya Mayor. It is no. Let it be legal proceedings. The insulting cases of Surabaya Mayor through the Facebook, it is a new hatred speech sample.
What a housewife, while she holding her child or while she cooking the vegetable, she post the text to insulting Surabaya Mayor.
So easy. So simple. As if the insulting is only the game. It is just a prank.
Why so easy and how dare the housewife?
Newman and Clarke (2003) formulated: the cybercrime is a computing environment. The environment which have a special characteristics. There are five characteristics:
Firstly, stealth. It is like a stealth. The perpetrator is so easy to cloaking their identity with the false identity or disguise themselves.
Secondly, challenge. The environment bring up the culture, who motivating the perpetrator to deceiving. They beaten the information system security, without detected. If they can’t caught, they will proud of themselves.
Thirdly, reconnaissance. The perpetrator is free to choose the victim. They utilized the software or become an online community member. Or they feel agree – same flow with the particular community.
Fourthly, escape. The perpetrator is easy to escape. They escaping with deleting the cyber footprint, if they feel scared. Because, they feel their posting endanger themselves.
Fifthly, multipliable. The perpetrator can be automated to do the several cybercrimes in a one time.
There are one more addition.
Newman (2009) added: Networking. It is a characteristic, which make the perpetrator possible to coordinate in the group for the effectiveness their crime.
It was proved in the cases ‘insulting the Surabaya Mayor’, the perpetrator deleted her posting when the post become viral. The perpetrator get scared.
She was so scared, so that she closed her Facebook account. She was escaped like stealth.
They scared but they proud. They can insulting Surabaya Mayor. She cheered on by netizens as a hero. She come from wasn’t nobody but she become somebody. Challenge. Newman and Clarke (2003).
Amazingly, the police can catch them. Of course, it due to the sophistication of tool. Also it due to the Indonesian Republic Police expert.
The perpetrator herded to the the East Java Police headquarters, she used the uniform of the prisoner.
She burst into tears. She was pray, she was “sungkem”, she begged for the forgiveness from Madam Tri Rismaharini, the Surabaya Mayor who was insulted by her.
The public became confused due to they watching this drama. It is ambiguous. It is ambivalent. It is at the crossroads.
“So pity full”, some people thought. She only posting in the Facebook but why was she being arrested? Now is democratic era. All are free to express their opinions. It guaranteed by the law.
On the contrary, the majority of Surabaya citizens were furious at the perpetrators.
Later, what happened is they compete for strength. It was read on social media. If only that pity full person is the stronger, accordingly it became a pressure for the investigation process. The public pressure. That pressure (more or less) affects the legal process.
The pressure penetrates to the victim. It make the victim forgive. It was announced to the public. Even though her staff (Surabaya city government public relations) who reports it to the police, besides the societies organizations in Surabaya.
Waldron (2012) said: the publication who expressing a dishonor, hatred, defamation to the individual, it causing :
1. Physical injury, until death.
2. Psychological and emotional injury.
3. The wound of sexuality.
4. Financial losses.
5. Emulated by others, so chaotic.
Imagine, if it were emulated. It expanding. With the proud heart. That woman cook the rise, while typing a few word in the Facebook. She insulted the public functionary.
One word: Messy.
Then, what’s the solutionton? (be continued)