INDONESIA: Pontianak District Court Decision Not Serious In Judging Cases Of The Destruction Of The Ahmadiyya's Mosque

In the case of the destruction of the Miftahul Huda Mosque, a total of 22 defendants were involved. On Thursday, January 6, 2022, the Pontianak District Court held a hearing with the agenda of a verdict against 21 defendants in the case of the destruction of the Miftahul Huda Mosque which was built by the Ahmadiyya Muslim community in the Balai Harapan Village, Temunak District, Sintang Regency. West Kalimantan.

Defendant Fathurruzi (or commonly known as Dedeh) et al with case register number: 819/Pid.B/2021/PN Ptk, 820/Pid.B/2021/PN Ptk, 821/Pid.B/2021/PN Ptk, 822 /Pid.B/2021/PN Ptk, 823/Pid.B/2021/PN Ptk, 824/Pid.B/2021/PN Ptk, 825/Pid.B/2021/PN Ptk, 826/Pid.B/2021 /PN Ptk, with a panel of judges chaired by Akhmad Fijiarsyah Joko Sutrisno, SH, MH, with charges of Article 160 of the Criminal Code, 170 of the Criminal Code paragraph (1), and 406 of the Criminal Code.

One defendant is still on the defense agenda at today's trial.

The advocacy team for the freedom of religion and belief condemned the decision of the Pontianak District Court judge which only sentenced 21 months to 15 days in prison for the 21 defendants for the destruction of the Miftahul Huda Mosque.

It has been 4 months since the destruction carried out by Dedeh et al, where the West Kalimantan High Prosecutor's Office handed over the case files to be examined and tried at the Pontianak District Court then on 18 November 2021 and the first trial for 22 defendants was held with an indictment reading agenda. The trial of the defendants is seemingly different from the article indicted by the public prosecutor which looks to be a trial of the Ahmadiyah belief. On November 25, 2021, with the agenda of examining victim witnesses, namely 3 witnesses from Ahmadiyah, 2 were examined, namely Witness Karsono and Witness Lukman while witness Nasir was not examined even though it was presented online from the Jakarta LPSK office.

Anomalies began to be felt in the trial with the agenda of hearing the testimony of the Witness from Ahmadiyah because the trial turned into a conviction trial, it was proven that the Public Prosecutor's question was dominant regarding the Ahmadiyah belief, while the examination of the elements of the crime of vandalism and incitement charged by the Public Prosecutor was not examined in detail. The trial of the Ahmadiyah belief was strengthened by the Chairperson of the Panel of Judges who gave advice to Witness Karsono regarding his belief. The trial is increasingly showing judgment for the beliefs of witness Karsono and witness Lukman who are members of the Ahmadiyya Muslim community.

The Public Prosecutor's partiality towards the defendants was clearly seen when on December 30, 2021 the Public Prosecutor charged the defendants with a very light sentence of 6 months in prison from the legal threats regulated in the Criminal Code, and this proves that the prosecutor is not serious in controlling the case (dominus litis) to protect the rights of victims of the crime of vandalizing the Miftahul Huda Mosque.

The panel of judges chaired by Akhmad Fijiarsyah Joko Sutrisno, S.H., M.H. It was very clear that his alignment with the defendant Dedeh et al was seen throughout the monitoring of the trial, which gave defendant Hedi the opportunity to deliver speeches of hatred against the Ahmadiyya Community and summon the defendant Hedi with the summons of Ustadz Hedi, and the lack of seriousness and professionalism of the judge was also questioned who decided the defendants with lighter sentences. from the demands of the public prosecutor and does not reflect a fair decision for the Ahmadiyya Muslim Community in Balai Harapan Village, Sintang Regency who became victims in the criminal acts committed by the defendants.

The verdict against the 21 defendants for the destruction of the Miftahul Huda Mosque clearly does not provide protection and a sense of security to the Ahmadiyya Muslim group in Sintang Regency because it is overshadowed by the defendant who will soon be released from prison who has the potential to terrorize members of the Ahmadiyya Muslim Community so that there is no sense of security to carry out activities daily worship. Indeed, the judge's decision has a deterrent effect on the perpetrators and is a warning to other people not to take the same action, but this very light decision will certainly not have a deterrent effect on the perpetrators.

Because they are suspected of being unprofessional in carrying out their functions and duties, the Advocacy Team for the Freedom of Religion and Belief has reported an alleged violation of the code of ethics committed by the Public Prosecutor and the panel of judges examining this case which has the potential to discriminate against witness victims from the Ahmadiyah Muslim community in seeking justice at the Pontianak District Court.

Based on this description, We, the Advocacy Team for Freedom of Religion and Belief, stated that, we:

1. Strongly condemn the decision of the Pontianak District Court of Judges which sentenced the Defendants to 4 months and 15 days in prison. This very light sentence has injured the face of the court, failed to guarantee justice for the victims, and did not realize law enforcement that provided a deterrent effect for the perpetrators;

2. Urge the Attorney General of the Republic of Indonesia and ask the Prosecutor's Commission to examine the Public Prosecutor who examines this case which has the potential to take sides with the defendants for the destruction of the Miftahul Huda Mosque;

3. Urge the Head of the West Kalimantan High Prosecutor's Office to appeal the verdict of the 21 defendants who destroyed the Miftahul Huda Mosque;

4. Urge the Supreme Court of the Republic of Indonesia and the Indonesian Judicial Commission to speed up the examination of the panel of judges who tried the case which was not serious in handling the case of the destruction of the Miftahul Huda Mosque;

5. Affirming that the demands of the public prosecutor and the decision of the Pontianak District Court panel of judges are part of the submission and weakness of law enforcement officials to punish intolerant groups;

6. Urge the Ministries and State Institutions to continue to monitor the development of the Miftahul Huda Mosque vandalism case after today's verdict and other cases of violence against Ahmadiyah, in this context the Minister of Religion, the Coordinating Minister for Political, Legal and Security Affairs, Commission III of the Indonesian House of Representatives, and the Minister of Home Affairs;

7. Urge the National Police Chief, West Kalimantan Police Chief and his staff to ensure the safety of Ahmadiyah residents, especially in Sintang and West Kalimantan, after this decision. Threats by the perpetrators against Ahmadiyah and related to security stability in relations between religious identities in West Kalimantan must be responded to with adequate anticipatory and handling steps.

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