Prof. Sutan Nasomal: Police Report Is Not a Conviction, Presumption of Innocence Must Be Upheld
NORTH KOLAKA — International legal expert Prof. Dr. Sutan Nasomal, S.H., M.H. emphasized that a police report cannot be used as a basis for declaring someone guilty. According to him, every individual must continue to be treated under the principle of the presumption of innocence until a final and legally binding court verdict has been issued.
Prof. Sutan Nasomal made the statement during a telephone interview with several editors-in-chief from national and international print and online media on Saturday (August 1, 2026). His remarks were delivered in response to circulating information regarding the alleged misuse of a journalist’s identity and alleged extortion involving a member of the press identified as Rustam.
According to Prof. Sutan Nasomal, a police report merely marks the beginning of the legal process, which must proceed through investigation, formal inquiry, prosecution, and judicial examination before any criminal liability can be established.
“A police report is not a conviction. The filing of a police report against someone does not automatically prove that the person is guilty. The legal process must first examine the facts, evidence, and testimony of all parties before any conclusion can be reached,” Prof. Sutan Nasomal stated.
He reminded the public that Indonesia is a state governed by the rule of law, as stipulated in Article 1, Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Therefore, every citizen enjoys equal protection and equal treatment before the law.
He stressed that no one should be labeled guilty solely on the basis of a police report or allegations that have not been proven through a final court decision.
“The principle of the presumption of innocence must always be upheld. A person can only be declared guilty after a court ruling has obtained permanent legal force. Until then, everyone must allow the legal process to proceed objectively,” he said.
Prof. Sutan further emphasized that if the allegations are ultimately proven in court, the law must be enforced impartially without discrimination. Conversely, if the allegations are not substantiated, the reputation and good name of the reported individual must be fully restored.
In addition, Prof. Sutan Nasomal urged editors-in-chief not to hastily impose administrative sanctions or terminate journalists solely because they have become the subject of a police report.
According to him, dismissing a journalist before legal certainty has been established could violate constitutional rights and create additional legal concerns.
“Editors-in-chief should not arbitrarily terminate a journalist’s employment merely because a police report has been filed. Such decisions should wait until there is a final and legally binding court judgment,” he said.
He added that while professionalism within the press must be maintained, journalists’ constitutional rights as citizens must also be respected.
Meanwhile, Rustam stated that the information currently circulating remains only an allegation and cannot be used as proof that a criminal offense has occurred.
He affirmed his respect for the ongoing legal process and called on law enforcement authorities to handle the case professionally, objectively, transparently, and fairly, while allowing all parties equal opportunity to present testimony and evidence.
“Every allegation must be proven through lawful legal procedures, not through assumptions or public opinion,” Rustam said.
Rustam also emphasized that journalists are protected by ethical standards and legal safeguards as stipulated in Law No. 40 of 1999 on the Press and the Journalistic Code of Ethics.
Prof. Sutan Nasomal noted that cases involving members of the press serve as a reminder that press freedom and law enforcement must operate in balance.
According to him, if the alleged misuse of journalistic identity or alleged extortion is proven through due legal process, the perpetrator must be held accountable under applicable laws. However, if the allegations cannot be proven, the reported individual’s reputation must be fully restored.
“If someone is proven guilty, the law must be enforced without exception. If the allegations are not proven, that person’s reputation must be completely restored. The state has an obligation to ensure that both principles are properly implemented,” Prof. Sutan Nasomal asserted.
He concluded that a healthy democracy requires a free, professional, and responsible press, alongside an objective, transparent, and independent legal system that is free from pressure created by public opinion.
Right of Reply
In accordance with the principles of professional journalism, the editorial board reaffirms its commitment to providing all concerned parties with the right of reply, as mandated by Law No. 40 of 1999 on the Press.
Reporting on alleged criminal conduct must continue to prioritize verification, accuracy, balance (cover both sides), and the presumption of innocence so that the public receives objective and fair information without prematurely judging any party before a final court decision has been rendered.
Source: Prof. Dr. KH. Sutan Nasomal, S.H., M.H., International Legal Expert.
Editor: Kamidi, CFLE.
