Ahok Case Judge Should Show Independent Stance

Ahok Case Judge Should Show Independent Stance

JURNALISLAM.COM – Today (25/4/2017), Defendant Basuki Tjahaja Purnama alias Ahok and his Legal Counsel presented a defense memo (pledoi) in front of the Panel of Judges who trie the case of blasphemy. Earlier the Public Prosecutor (Prosecutor) had charged Ahok with 1 year imprisonment with two years probation.

The Panel of Judges will decide Ahok’s case on May 9, 2017. It is now time for the Panel of Judges to hear the Ahok case and bring a fair verdict by considering the facts that arise in the trial and the sense of community justice without being affected by any one interest only.

This case of public scrutiny ha in plain view, dragged the Panel of Judges into the interests of the group that Ahok wants to be freed or punished lightly.

Striking facts about the draft of Judges can be seen at the time of Jakarta Police Chief Mochamad Iriawan advised the Head of North Jakarta District Court to delay the reading of the demands until the second round of elections is over. The request for such a delay was responded by the Panel of Judges by granting the advice of the postponement upon hearing the request of the Public Prosecutor (Prosecutor) and fully supported by the Defendant’s Legal Counsel.

In bringing the verdict, the judge should not only pay attention to the facts of the trial, but also the legal obligation and to consider the result of the decision issued in the middle society. The judges’ ruling should have a good impact on the community, let alone cases that have implications for interpersonal relationships living in multiculture.

The Panel of Judges should understand that during the time of the existence of Articles 156 and 156a of the Criminal Code effectively dampes the bad relationship between the followers of religion in Indonesia. If the Panel of Judges does not grasp the message of Article 156 and 156a of the Criminal Code well, the harmonization of relations between religious people that have been well-preserved will be a real threat to diversity.

Now we give the Panel of Judges a chance to think clearly to prove that they are independent people who can account for the decisions they make in order to care for diversity and affirm that Indonesia is a law-based country (rechtstaat).

Written by: Miko Kamal, SH, PhD

Translator: Taznim

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