T

he Supreme Court is scheduled to hold its first case review hearing for former Jakarta governor Basuki “Ahok” Tjahaja Purnama on Feb. 26

Ahok was sentenced in May 2017 to two years’ imprisonment by the North Jakarta District Court for violating Article 156 of the Criminal Code (KUHP) on defamation.

Prosecutors initially built their case against Ahok on the grounds that he had insulted Islam by quoting Surah Al Maidah 51, a Quranic verse often used by conservative Muslim groups to urge other Muslims to vote only for political candidates who share their faith.

However, prosecutors dropped the blasphemy charge in their sentence demand, saying there was no evidence to support it.

Ahok filed an appeal after his sentencing, but decided to withdraw it on May 22.

News that the former governor had filed for a case review began circulating over the weekend and was later confirmed by a Supreme Court official.

“We received [Ahok’s request] on Feb. 2,” Supreme Court spokesman Abdullah told the press on Monday, adding that the court had appointed a judge to handle the case.

According to North Jakarta District Court spokesman Jootje Sampaleng, the judicial review request claimed the panel of judges had made an error in deliberating their verdict on Ahok’s case.

“They [Ahok’s legal team] will likely present new evidence; we’ll see [what they will do] on Feb. 26,” he said as reported by kompas.com, adding that the court was ready for the challenge.

Ahok is currently serving his prison term at the Mobile Brigade (Brimob) detention center in Depok, West Java.

Ahok’s lawyers Josefina and Fifi Lety Indra, who is also his sister, did not respond to The Jakarta Post’s request for a statement.

According to University of Indonesia (UI) criminal law expert Febby Mutiara Nelson, a convict has the right to petition the Supreme Court for a case review without filing any previous appeals.

However, an appeal and a judicial review have a similar goal, namely to challenge a court verdict in order to receive a lighter punishment.

“Whether the Supreme Court judges will grant the convict’s appeal would depend on the reason behind the judicial review request,” Febby said. “If the defense lawyers have gathered new evidence or strong proof that the panel of judges had made a mistake in their verdict, there’s a chance that the Supreme Court will proceed with the case review.

“[But] I’m not sure if an ‘error’ is a strong enough reason to challenge the verdict.”

As of February, Ahok has served 10 months — or more than a third — of his prison term.

He received a 15-day remission on Christmas.

If he continued to maintain his good behavior behind bars, he would be eligible for another remission on Independence Day, which will likely cut another two months off his remaining prison term.

Ahok’s case cast a shadow over the Jakarta gubernatorial election last year and was viewed by many political observers and pundits as politically motivated.

It partly contributed to his loss to rival Anies Baswedan, who took office in October 2017. (vla)