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COMMENTARY: Indonesian Islamists may just secure their biggest win yet

The criminal investigation into the pornography case involving Rizieq represents everything that is wrong with our legal system. 

Ary Hermawan (The Jakarta Post)
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Jakarta
Wed, May 31, 2017

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COMMENTARY: Indonesian Islamists may just secure their biggest win yet Rizieq Shihab leads Thousands of Moslems participate in a rally in front of the Parliamentary Office in Jakarta, Tuesday, February 21, 2017. They asked the government to solve blasphemy case by Governor Basuki Tjahaja Purnama and detain the governor. (JP/Seto Wardhana)

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or the more liberal Indonesians who believe Islam Defenders Front (FPI) leader Rizieq Syihab was mostly responsible for the unjust blasphemy prosecution of then Jakarta governor Basuki “Ahok” Tjahaja Purnama, the police’s decision to charge the firebrand cleric over pornography is music to their ears.

Some may call it karma or divine justice or, for the Ahokers out there, sweet, sweet revenge. Rizieq has long been a thorn in the side of democracy. It is tempting to cheer the police’s move against him and wonder if this could be the beginning of the humiliating end of the FPI leader.

Alas, that is just a delusion fueled by emotions and fears. Rizieq may go to jail, but his downfall is far from imminent. His legal quagmire will only make him even more popular and stronger.

Here is why that would be the case.

The criminal investigation into the pornography case involving Rizieq represents everything that is wrong with our legal system. It is a perfect example of our overcriminalization problem, a legal cancer that has long crippled our democracy. It is the exact same problem that has put Ahok and other people of minority groups in jail for offending the majority.

Regardless of who the man is or what he has done, the case against Rizieq is preposterous. He has been charged under the 2008 Pornography Law, the enactment of which was blatantly inspired by religious fervor. The law was by design hostile to civil liberties as it blurs the line between the private and the public, as clearly evidenced by Rizieq’s case.

The FPI leader is accused of spreading pornography after screenshots of steamy conversations between him and a woman on private messaging application WhatsApp were uploaded onto a dubious website.

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