Justice in Emergency, Judge Work Under Pressure

The massacre of Ahmadiyya’s congregation on February 6th, 2011 had caused 3 slain victims, 5 seriously injured people, and material losses, 1 house, two cars, a motorcycle and a bicycle destroyed. Today, the Court of Serang, West Java has given verdict to sentence 12 Ahmadiyya’s attackers in Cikeusik with the indictment 170 Paragraph 1, 2 and 3 of the Criminal Code of the beatings and destruction in conjunction with Article 160 of the Criminal Code on incitement and Emergency Law No. 12 of 1951. Decision issued by the assembly of Serang Court is on the range between 3-6 months from the Public Prosecutor demands between 5-7 months.

SETARA Institute regrets very light sentence handed down. SETARA Institute perceives the light sentence because the judicial process from the level of investigation and prosecution are carried out not seriously and not with maximum capacity, as evidenced by the failure of proving the main/primary criminal indictment article 170. The Construction of the incident which has been deflected from the assault and beatings on purpose which caused death also proves that law enforcement is not serious and under pressure in handling this case. Cikeusik assault is not a clash but a systematic attack.

Efforts of mass mobilization and public pressure made ​​by a group of people in the pressing the court, has a real effect on the principle of judicial independence and authority. Judicial process is significantly under the mass pressure and specific groups. Propensity of judges is obviously bias, and this is clear by seeing the examination of witnesses many times which always accuse and giving pressure to the Ahmadiyya.

SETARA Institute perceives that the verdict is not equal with what the attackers had done; destroying, torturing and killing. What the attackers did also bring out the fear of threat and trauma for the Ahmadiyya community in other regions of Indonesia. The verdict will also not help to bring out the deterrent effect for the violence actors to never do such cruel things to anyone, especially Indonesian citizens.

SETARA Institute views the verdict means the court has failed to be the last resort for the citizens’ protection. In the case of violence on behalf of religion, the judiciary in Indonesia failed to deliver justice. The verdict in Serang Court emphasizes that court is under pressure as happened in Cibinong Bogor, in Temanggung, in Bekasi for Ciketing case. In fact, the verdict of Supreme Court related to the case of Yasmin’s Church is also failed to be executed. The disobedience for the Supreme Court’s verdict was even initiated by the Bogor local government and supported by the Ministry of domestic affairs. No more space for justice, particularly for cases of violence in the name of religion.

SETARA Institute requests the Judicial Commission to examine the judge who is taking care of the case because it has failed to work independently and fairly. SETARA Institute also asked the Commission of National Police and Prosecutorial Commission to investigate the process by the police and prosecution by the judiciary conducted by these two agencies.

For further information :
Hendardi – Chairperson (0811170944)
Bonar Tigor Naipospos – Vice Chairperson (0811819174)