Judge´s Ruling to Detain Ahok Raises Criticism

Wednesday, 10 May 2017 , 12:00:00 WIB - Law

Supporters of Jakarta Governor Basuki "Ahok" Tjahaja Purnama are seen staging a demonstration in front of Cipinang Penitentiary, Jakarta, Tuesday (9/5). (ANTARA)

JAKARTA, GRES.NEWS – The North Jakarta State Court has issued a ruling for the trial of religious blasphemy case that drags Jakarta Governor Basuki Ahok Tjahaja Purnama on Thursday (9/5). The panel of judges sentenced Ahok guilty of violating Article 156 a of the Criminal Code. The panel of judges sentenced to two years prison and ordered law enforcers to detain him immediately.

The judge’s decision to detain Ahok immediately gets criticized by some parties. Besides not considering Ahok’s position that still serves his duty as the Governor of Jakarta, the order to detain Ahok doesn’t comply with the requirements. One of the experts who criticized the judge’s ruling is the Institute for Criminal Justice Reform (ICJR).

ICJR claimed they’ve been criticizing the existence of the article on religious blasphemy in Indonesian law. "The implementation of the articles has been developing so far and it’s often aggrieving minorities," said the Executive Director of ICJR, Supriyadi W. Eddyono, in his press release to gres.news.

According to Supriyadi, the issue came up as Article 156 a of the Criminal Code (KUHP) is a formula that wasn’t formulated strictly, and it causes multi-interpretation that leads to varying implementation.

According to ICJR, the judge should elaborate Ahok’s intention to insult Islam in Kepulauan Seribu archipelago carefully.

ICJR also feels unfortunate with the court’s ruling that orders Ahok to be detained immediately. ICJR considers that order to detain Ahok immediately didn’t meet the requirements. In this case, Basuki "Ahok" Tjahaja Purnama was cooperative in the trial.

The judge’s ruling can’t be negotiated. Therefore, the prosecutors had to bring Ahok to Cipinang Penitentiary, East Jakarta.

The similar criticism also came from the Community Advocation and Study Agency (ELSAM). ELSAM considers that the judge’s ruling that sentenced Ahok to two years prison and ordered law enforcers to detain him immediately has failed to protect and maintain the court’s dignity as a justice institution. The ruling seems to confirm that the Court succumbs to the oppression of the mass.

ELSAM considers that the North Jakarta State Court has to read the context of the Article on Religious Blasphemy carefully as Article 156 a of the Criminal Code has a flexible meaning, and it wasn’t formulated strictly. "Therefore, it could create multiple interpretations in the implementation," ELSAM Director Wahyu Wagiman said in a written statement received by gres.news, Tuesday (9/5). (dtc)