[GELORA45] Amnesty International - Indonesia: Drop blasphemy case against Jakarta Governor

[jonathango...@yahoo.com [GELORA45]]

 

 Indonesia: Drop blasphemy case against Jakarta Governor 
https://www.amnesty.org/en/latest/news/2016/11/indonesia-drop-case-against-jakarta-governor/
 16 November 2016, 16:00 UTC
 
 The Indonesian police should immediately drop the criminal investigation into 
Jakarta’s governor for alleged blasphemy, Amnesty International said today.
 The organization’s call came as the Indonesian police named Basuki Tjahaja 
Purnama, the Governor of Jakarta better known as ‘Ahok’, as a suspect in a 
blasphemy complaint filed by some religious groups. Ahok, a Christian, is the 
first member of Indonesia’s ethnic Chinese community to be elected Governor of 
Jakarta.
 “By carrying out a criminal investigation and naming Ahok as a suspect, the 
authorities have shown they are more worried about hard-line religious groups 
than respecting and protecting human rights for all,” said Rafendi Djamin, 
Amnesty International’s Director for Southeast Asia and the Pacific.
 “Among the police, opinion is divided on whether the case should proceed, 
showing that the decision to open an investigation against Ahok is a 
controversial step.”
 At a press conference on Wednesday, the Head of the Criminal Investigation 
Department of the National Police Headquarters, Comr. General Ari Dono said, 
“Although there are different opinions among police investigators most agreed 
that the case should be settled in an open trial.”
 This case would set a deeply worrying precedent, making it hard for the 
authorities to argue that they respect all faiths
 Rafendi Djamin, Amnesty International's Director for South East Asia and the 
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 The announcement of the police investigation comes after more than 100,000 
people demonstrated against Ahok earlier this month, calling on the police to 
charge him with defamation of Islam. They also called for voters to not 
re-elect him next year for these purported comments.
 Ahok has denied making any defamatory remarks. He is currently barred from 
leaving the country and could face up to five years in prison if he is 
ultimately charged and convicted.
 The police have acknowledged that a video featuring Ahok had been edited by a 
social media user to make it appear that he was criticising the Quran. The 
video went viral after hard line groups seized on the edited version and 
promoted it on social media.
 “Indonesia prides itself on its image as a tolerant country. This case would 
set a deeply worrying precedent, making it hard for the authorities to argue 
that they respect all faiths. It also highlights the urgent need to repeal 
Indonesia’s blasphemy laws which have often been used to target people who 
belong to minority religions, faiths and opinions,” said Rafendi Djamin.
 Background Ahok has been named as a suspect under Article 156(a) of the 
Indonesia’s Criminal Code and Article 28(2) of Law No. 11/2008 on Electronic 
Information and Transaction.
 In his actual comments, Ahok said: “So it can be that in your subconscious 
that you, ladies and gentlemen, you can’t vote for me because you’ve been lied 
to, with Surat Almaidah 51 and the like. That’s your right. If you feel you 
can’t vote for me because you fear you’ll go to hell, because you’ve been lied 
to, no worries. That’s your personal call.”
 Under Law Number 1/PNPS/1965 on the Prevention of “Religious Abuse and/or 
Defamation”, commonly known in Indonesia as the blasphemy law (Undang-Undang 
Penodaan Agama) people may be imprisoned for “defamation” for as long as five 
years simply because they have peacefully exercised their right to freedom of 
expression or to freedom of thought, conscience or religion, which are 
protected under international human rights law.
 “Incitement” provisions in Law No. 11/2008 on Electronic Information and 
Transaction (ITE) has been used to criminalize peaceful expression. Both of 
these laws have been used to target individuals who belong to minority 
religions, faiths and opinions, and particularly those who adhere to 
interpretations of Islam that are different from the mainstream form of Islam 
in Indonesia.
 Concerns surrounding freedom of religion in Indonesia have long been raised 
widely both within the country and internationally. Blasphemy laws such as 
those above are fundamentally incompatible with Indonesia’s obligations under 
international human rights law. Specifically, the laws violate legally binding 
provisions in the International Covenant on Civil and Political Rights, to 
which Indonesia is a state party, on freedom of expression, thought, conscience 
and religion, equality before the law and freedom from discrimination.  
 Although the blasphemy law (Presidential Decree No. 1/PNPS/1965) and Article 
156(a) of the Criminal Code were enacted in 1965, they were used to prosecute 
only around 10 individuals between 1965 and 1998, when former President Suharto 
was in power during which time the right to freedom of expression was severely 
curtailed. Between 2005 and 2014 Amnesty International has recorded at least 
106 individuals who have been prosecuted and convicted under blasphemy laws.