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Jakarta Post

Prosecutors criticized for using MUI edict against Ahok

Callistasia Anggun Wijaya (The Jakarta Post)
Jakarta
Thu, December 22, 2016 Published on Dec. 22, 2016 Published on 2016-12-22T14:10:53+07:00

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Prosecutors criticized for using MUI edict against Ahok Jakarta Governor Basuki "Ahok" Tjahaja Purnama (center) is escorted by counterterrorism policemen as he leaves the North Jakarta District Court, Jakarta, after his second hearing on Dec. 20. Ahok is on trial for blasphemy following his remark about a passage in the Quran that could be interpreted as prohibiting Muslims from accepting non-Muslims as leaders. (Pool Photo via AP/Adek Berry)

H

uman rights activists uniting under the Civil Society Alliance for the Constitution (Amsik) have criticized the way prosecutors handled Jakarta Governor Basuki “Ahok” Tjahaja Purnama’s alleged blasphemy, which they said included an Indonesian Ulema Council (MUI) fatwa (edict) in their indictment against the governor.

The alliance said the Indonesian legal system did not acknowledge MUI edicts as a source of law. "The opinions and religious views of the MUI are not law. Therefore, an edict shall not be binding," it said in a statement on Thursday. Twenty one activists, including rights group Setara Institute's chairman Hendardi and human rights lawyer Todung Mulya Lubis, joined the alliance.

In the governor’s first hearing on Dec. 13, prosecutors accused Ahok of committing blasphemy when he made a remark during his work visit in Thousand Islands on Sept. 27 that Surah Al Maidah 51 could be used as a tool to deceive people.

(Read also: Prosecutors deny public pressure influencing Ahok's legal process)

An MUI edict dated on Oct.11, especially in point four, which mentions insulting the Quran, has been cited by those who believed Ahok committed blasphemy.

Citing Law No. 4/2004 on judicial authorities, Amsik said it was only the Supreme Court and other judicial bodies that had the authority to cite religious opinions in the legal process.

The activists said prosecutors lacked professionalism by citing an MUI edict in their indictment and their act had endangered the "due process of law". 

The alliance further said the MUI had issued the edict without giving Ahok a chance to provide tabayyun (clarification). Such a flawed legal process had led to a "trial by mob" against Ahok.  (ebf)

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