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Indonesia: Court drops blaphemy case against Jakarta former Governor, still guilty of insulting individual Muslims
Friday 21 April 2017, by
Source: http://www.thejakartapost.com/news/2017/04/21/prosecutors-spare-ahok-after-election-defeat.html
ProseÂcuÂtors spare Ahok afÂter elecÂtion deÂfeat
Callistasia Anggun Wijaya
The Jakarta Post
Jakarta | Fri, April 21, 2017 | 09:45 am
Photo: ProseÂcuÂtors spare Ahok afÂter elecÂtion deÂfeat All ready: Blasphemy defendant Basuki “Ahok” Tjahaja Purnama attends his trial at the North Jakarta District Court on April 20. The court’s judge panel sentenced him to one year in prison. (Republika/ POOL/Raisan Al Farisi via JP)
The past few months have been a long and arÂduÂous peÂriod for Jakarta GoverÂnor BaÂsuki “Ahok†TjaÂhaja PurÂnama, who has been mired in a blasÂphemy case folÂlowÂing sevÂeral large-scale street ralÂlies deÂmandÂing his imÂprisÂonÂment and disÂmissal.
His predicaÂment culÂmiÂnated on WedÂnesÂday, when his poÂlitÂiÂcal riÂval, Anies Baswedan, deÂfeated him in the Jakarta guÂberÂnaÂtoÂrial elecÂtion by ridÂing a wave of growÂing reÂliÂgious conÂserÂvatism.
Directly afÂter his loss, Ahok was forced to sit through anÂother court hearÂing in orÂder to lisÂten to the prosÂeÂcuÂtors’ deÂmands on ThursÂday.
This time, howÂever, he could breathe a sigh of reÂlief afÂter prosÂeÂcuÂtors deÂcided to drop blasÂphemy charges against him.
DurÂing the hearÂing, the prosÂeÂcuÂtors deÂmanded the North Jakarta District Court senÂtence him to two years’ proÂbaÂtion if found guilty of viÂoÂlatÂing ArÂtiÂcle 156 of the CrimÂiÂnal Code (KUHP) on showÂing anÂiÂmosÂity toÂward othÂers. This is a far cry from the five years’ maxÂiÂmum imÂprisÂonÂment for blasÂphemy, as stipÂuÂlated in ArÂtiÂcle 156a of the KUHP.
Should Ahok viÂoÂlate the proÂbaÂtion, he should be senÂtenced to one year in prison, the prosÂeÂcuÂtors said.
“We deÂmand the judges rule two years’ proÂbaÂtion and one year of imÂprisÂonÂment if the proÂbaÂtion is broÂken†prosÂeÂcuÂtor Ali Mukar-tono said.
IniÂtially, the prosÂeÂcuÂtors built their case against Ahok on the grounds that he inÂsulted IsÂlam by quotÂing SuÂrah Al Maidah 51, a QuÂranic verse ofÂten used by cerÂtain MusÂlim conÂserÂvaÂtive poÂlitÂiÂcal groups to urge MusÂlims to vote only for poÂlitÂiÂcal canÂdiÂdates who share the same faith.
But on ThursÂday, they adÂmitÂted they could not prove Ahok had inÂsulted IsÂlam as a whole, but only inÂdiÂvidÂual MusÂlims.
ThereÂfore, the prosÂeÂcuÂtors deÂcided to withÂdraw their acÂcuÂsaÂtion that Ahok had viÂoÂlated ArÂtiÂcle 156a of the KUHP, an ofÂfense that carÂries a maxÂiÂmum senÂtence of five years in prison upon conÂvicÂtion.
FurÂtherÂmore, the prosÂeÂcuÂtors said Ahok had been coÂopÂerÂaÂtive durÂing the leÂgal process.
Also, they added that the conÂtriÂbuÂtions he made to deÂvelop the capÂiÂtal durÂing his serÂvice as govÂerÂnor were a mitÂiÂgatÂing facÂtor.
HowÂever, the prosÂeÂcuÂtors said Ahok was still guilty of showÂing anÂiÂmosÂity toÂward MusÂlims who beÂlieved that SuÂrah Al Maidah 51 inÂstructed them not to choose non-MusÂlims as leadÂers.
The prosÂeÂcuÂtors arÂgued since Al Maidah 51 had varÂiÂous inÂterÂpreÂtaÂtions, even among MusÂlims, Ahok was at fault beÂcause he acted as if he knew the corÂrect unÂderÂstandÂing of the verse.
They claimed that when Ahok said ThouÂsand IsÂlands resÂiÂdents could be deÂceived by some of the inÂterÂpreÂtaÂtions of SuÂrah Al Maidah 51, Ahok had not only inÂsulted MusÂlims who had a difÂferÂent view to him, but also ThouÂsand IsÂlands resÂiÂdents, who are mostly MusÂlim.
“The deÂfenÂdant acted as if his inÂterÂpreÂtaÂtion is corÂrect and said peoÂple who beÂlieve other inÂterÂpreÂtaÂtions were beÂing tricked,†prosÂeÂcuÂtor Ardito Muwardi said.
NevÂerÂtheÂless, Ahok was not the only one to blame in the case, the prosÂeÂcuÂtors said.
They cited Buni Yani, now a hate-speech susÂpect, who upÂloaded an edited video of Ahok’s speech to his FaceÂbook acÂcount with a misÂleadÂing tranÂscripÂtion.
That video led to pubÂlic upÂroar and the govÂerÂnor’s blasÂphemy charges, the prosÂeÂcuÂtors said.
Pedri KasÂman, the secÂreÂtary of MuhamÂmadiyah’s youth wing, who reÂported Ahok for blasÂphemy to the poÂlice, said he beÂlieved the prosÂeÂcuÂtors were biÂased.
“This leÂgal process was in vain as it has been inÂterÂfered with by parÂties with power,†he said.
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Police advise court to delay Ahok hearings
Callistasia Anggun Wijaya
The Jakarta Post
Jakarta | Fri, April 7, 2017 | 07:52 am
Police advise court to delay Ahok hearings Get ready: Jakarta Governor Basuki “Ahok” Tjahaja Purnama gets prepared to attend his blasphemy trial at the North Jakarta District Court on April 4. (Antara/Gilang Praja)
The Jakarta Police believe legal proceedings against embattled governor Basuki “Ahok†Tjahaja Purnama are adding to alreadyheightened public tension in the lead-up to the gubernatorial runoff election on April 19.
As part of efforts to ensure a safe and peaceful election, Jakarta Police chief Insp. Gen. M. Iriawan has sent a letter to the North Jakarta District Court, requesting that it postpone further hearings of Ahok’s trial, given the vulnerable security conditions in the capital.
The postponement was necessary because police and military personnel would have to start shifting their focus to safeguarding the election, he said.
“We suggest that the prosecution’s sentence demands in Ahok’s blasphemy trial be postponed until after the runoff,†Iriawan said in the letter made available to The Jakarta Post on Thursday. The letter was also sent to the chief justice of the Supreme Court, the National Police chief, the police’s general supervision inspector, the Jakarta High Court head and the attorney general.
Late last year, police requested that the trial be moved from the North Jakarta District Court to the Agriculture Ministry’s main hall in South Jakarta due to security concerns.
Based on an initial schedule, prosecutors are expected to make their sentence demands on March 11, while the defendant is scheduled to read out his defense statement on April 17, just two days before the runoff.
The campaign period, which runs from March 7 until April 15, has been dominated by religious sentiment and racial bigotry resulting from the blasphemy allegations against the governor, who is a Christian of Chinese descent.
In early March, some local mosques displayed banners saying that those who voted for “blasphemers†would not be entitled to Islamic funeral rites and prayers when they died.
Less than three weeks before the election, thousands of people staged a rally called “313†in reference to the date to demand the incarceration of Ahok.
Further, there is the antiAhok Tamasya Al-Maidah movement, facilitated through an application available on Playstore, which encourages Muslims from across the country to flock to polling stations to supervise the election.
Separately, Jakarta Police spokesman Sr. Comr. Argo Yuwono said the police’s letter was issued to ensure voting day would pass safely, especially given the fact that Ahok’s scheduled hearing on April 17 would take place in the cooling-off period between April 16 and April 18.
Separately, North Jakarta District Court spokesman Hasoloan Sianturi said the court had received the letter, but in accordance with a decision made by judges in an April 4 hearing, the trial would continue on April 11.
The decision to postpone hearings could only be made in the courtroom, he added.
Ahok’s lawyer Fifi Lety Indra said the governor’s legal team would comply with the court’s decision regarding the next hearing.
Besides requesting the court to postpone Ahok’s hearing, Gen. M. Iriawan also informed the court that the police would postpone their interrogation of Ahok’s rival candidate pair, Anies Baswedan and Sandiaga Uno, who have also been reported to the police for several alleged violations.
Ahok’s legal team reported Anies for alleged defamation on Wednesday after the candidate publicly claimed that Ahok would evict the residents of 300 areas across the city if he was reelected as Jakarta governor.
Sandiaga was reported by a person named Edward S Soeryadjaya to the Jakarta Police for alleged embezzlement and receipt forgery.
A campaign team member of Anies and Sandiaga, Yupen Hadi, said the team appreciated the police’s order.