TEMPO.CO, Jakarta - The public prosecutors in blasphemy trial of Jakarta Governor Basuki Tjahaja Purnama alias Ahok did not charge Ahok with Article 156a of the Criminal Code on blasphemy because the intent element was not satisfied in accordance with the article.
"Considering the intent in accordance with article 156a is to incite animosity and blasphemy, the prove of [elements of violation under] article 156a cannot be implemented in this case," a public prosecutor read aloud the indictment, at the Agriculture Ministry Auditorium in Ragunan, South Jakarta, Thursday, April 20, 2017.
The prosecutors' decision was based on facts presented during the trial. One fact was Ahok’s experience in Bangka Belitung election back in 2007, in which he lost the battle thanks to politicians who used the surah al-Maida verse 51 against him.
The prosecutor said that Ahok feared that he would go through the same experience as he ran for Jakarta governor. The prosecutors said that in view of the series of events, Ahok had no intention of committing blasphemy on the Seribu Islands in September 2016.
"It can be concluded that considering the series of actions taken by the defendant from running in Bangka Belitung election in 2007 to Jakarta election for the 2017-2022 period, we can see that the defendant directed the [remarks] to other individuals or political elites, in the context of the regional election," the prosecutor said.
Prosecutors used article 156a as an alternative to article 156 of the Criminal Code, which says, "Anyone who incite animosity, hatred or insult any or certain groups of Indonesian people will face maximum sentences of 4 years or a maximum fine of 4,500 rupiahs," prosecutor claimed.
Thepublic prosecutors have, therefore, demand Ahok be jailed for one year with two year probation period.