REPUBLIKA.CO.ID, JAKARTA -- Director of Advocation Task Force of the Central Board of Muhammadiyah Youth, Gufroni, filed a report to the Prosecutorial Commission (Komjak) against the public prosecutors of a blasphemy case with Basuki Tjahaja Purnama or Ahok as the defendant. The report was made on Wednesday (April 26).
Gufroni said prosecutors must be independent for the sake of based on law and conscience. He said the prosecutors seemed to neglect the mandatory of Article 37 of Law of Attorney. It stated that prosecutors should be fair based on juridical aspect and consider the sociological aspects of conscience.
“Advocation Task Force of Muhammadiyah Youth clearly doubt on the prosecutors' independence based on juridical and sociological aspects," he said in a statement received by Republika.co.id on Wednesday.
The fact, Gufroni said, the prosecutor only charge Ahok with the basis of article 156 with a years of imprisonment and two years of probation. He said it was awkward.
Juridically, Gufroni was sure that Ahok meet the elements of verdict in article 156a which required intention. In Dutch, intention was made from the word opzettelijk. There were two theories to interpret it, namely knowledge theory and willing theory.
He added that juridically, the act of the defendant met the elements of intention as there was a willing and consciousness. There was also a knowledge on the consequences of doing such action as mentioned in article 156a.
Gufroni assumed that the prosecutors were in doubt. Therefore, they were using the alternative article. "In the end, their lack of seriousness have weekend the indictment by charging Ahok with Article 156 only," he said.
He also assumed that the prosecutors in Ahok's case were not independent, especially when they did not arrest the defendant and letting him join the regional election.
Meanwhile, speaking in sosiological aspect, Gufroni noticed the prosecutor did not fully consider religious statement issued by the Indonesian Council of Ulama (MUI) on October 11, 2016. MUI stated Ahok has insult the Quran and/or the cleric.
"The prosecutor simplified Ahok's statement by claiming it was not as a blasphemy as mentioned in Article 156a," he said.
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