Ahok’s absurd trial
won’t satisfy anybody
You
could describe the prosecutor’s requested sentence in the trial of Jakarta
Governor Basuki Tjahaja Purnama (Ahok) for blasphemy, as absurd: illogical,
odd, and comical all rolled into one.
The Public Prosecutor who read the sentencing request, Ali
Mukartono, stated that Ahok was guilty as charged, as he had ‘provoked
feelings of antagonism as elaborated in section 156 of the criminal code
[on hate speech and incitement]’. Therefore, he requested that the
recently-defeated Ahok be sentenced to one year’s prison, suspended for
two years.
The sentencing request is absurd firstly as a matter of legal formality
— since it was based upon a different section of the criminal code than
the section on blasphemy under which Ahok was initually charged — but also
because it further indicated just how very political this trial is. Because of
this, the response to the sentencing request has tended to be negative not only
from those who wanted to see Ahok punished severely, but also those who have
perceived, or at least suspected, that this case was mere politics all along.
For the anti-Ahok camp, the prosecutor’s request is tantamount to
letting the accused walk free, because the suspended sentence ipso
facto means Ahok will not go to prison. For what, then, the time and
energy expended in the name of this legal process? For what was the use of
sensational mass mobilisations, the invocation of the defence of Islam itself,
and so on, if this sentence request is all that eventuated? Is this not the
same as disparaging the all-important struggle to defend the faith? Is the
prosecutor just part of a more cynical agenda imposed upon the Islamic
community, by means of a legal stitch-up?
Such is the case, too, with the side that has always seen this
legal process as a political farce. The sentencing request reflects a lack
of seriousness on the part of prosecutors, and even a failure to prove the
charges, that was apparent all along. Beginning from a prosecution processes
that smacked of haste, the presentation of weak witnesses, to the
unprofessionalism of prosecutors in presenting their sentencing request,
such that they had to delay it until after the second round of the gubernatorial
election. For Ahok’s supporters, the right move from the prosecutors would be
to clear the governor of all charges. But in changing, with much
obfuscation, the charge from that of blasphemy to incitement, it was obvious
that there was an inconsistency and lack of solidity in their appeal. The
viewpoint that the trial was political was given strong support.
That’s why, after reading the sentence request, the Public Prosecutor
has become the target of criticism from all directions, including from human
rights practitioners who regard Ahok’s trial as a backwards step in protecting
freedom of expression, and the protection of minorities. In the end, because
the prosecutors themselves are an integral part of the government, then
President Jokowi will cop some of the political blame. Anti-Jokowi forces will,
of course, happily take advantage of the absurdity I’ve described as ammunition
to discredit him — no matter that Jokowi himself has insisted that he would not
interfere or intervene in the case.
Of course, the sentencing stage of the trial is not over. There is still
the matter of the defendant’s pledoi or defence against the
prosecutor’s demand, followed by the judge’s verdict itself. In my view, in
order that this legal process does not become more of a joke and a political
circus, but instead genuinely seeks out justice, the judge’s verdict will be
paramount. If the verdict merely reiterates the absurdity that has played out
so far, then the implications will be all the more negative. Not just because
legal certainty and justice will drift further out of reach, but because it
would likely further inflame the political atmosphere in the capital, with
the effects felt throughout Indonesia.
……………
Muhammad A.S. Hikam is a
Senior Lecturer in International Relations at President University, Indonesia.
He is a former member of the Central Leadership Board of Partai Kebangkitan
Bangsa (National Awakening Party) and served as Minister for Research and
Technology in the cabinet of President Abdurrahman Wahid.
This post originally
appeared in Indonesian at his Facebook page.
Translation by Liam Gammon.
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