Light Sentences for Attack on Christians in Indonesia Condemned

Prosecutors’ refusal to file felony charges said to encourage more violence.

JAKARTA, Indonesia, March 10 (CDN) — Human rights and Christian leaders said a West Java court’s light sentence for Islamic extremists who injured a church pastor and an elder will encourage more violence and religious intolerance.

After those involved in the Sept. 12, 2010 clubbing of the Rev. Luspida Simanjuntak and the stabbing of elder Hasian Lumbantoruan Sihombing of the Batak Christian Protestant Church (Huria Kristen Batak Protestan, or HKBP) in Ciketing received sentences of only five to seven months, the Setara Institute for Democracy and Peace released a statement asserting that the judges’ panel was acting under pressure from Muslim extremists.

“The public will think that violence, intolerance, and obstruction of worship are part of their religious worship and duties,” the institute stated regarding the Feb. 24 sentences.

After prosecutors decided to file minor charges citing “insufficient evidence” for assault charges, the judges issued verdicts that have injured people’s sense of justice, and the light sentences set a “rotten” precedent for strengthening the rule of law in Indonesia, according to the institute.

“Specifically, the verdict neither is a deterrent nor does it educate the public that violent acts in the name of religion are serious matters,” according to the Setara statement.

Saor Siagian, attorney for the church, told Compass that the facts of the case had shown that the assailants should have been charged with joint assault under Section 170 of Indonesia’s penal code, which could have resulted in sentences of five to nine years. Instead, prosecutors opted to charge them only with maltreatment under Section 351.

The alleged planner of the attack, Murhali Barda, head of the Bekasi chapter of the Islamic Defenders Front (FPI), received a sentence of only five months and 15 days for “disorderly conduct” (Section 335) even though he should have been prosecuted for incitement and joint assault, Siagian said.

“The trial brought to light facts that pointed toward incitement by Murhali Barda via Facebook, text messages, and orders to the defendants to attack the congregation of HKBP on Sept. 12, 2010 at Ciketing,” said Siagian. “If he had been charged with Section 170 he would have been facing a five-to-nine-year sentence, and Section 160 [incitement] carries a six-year sentence. These are both felonies.”

Judges of the State Court in Bekasi, West Java handed down a seven-month sentence to Adji Ahmad Faisal, who stabbed church elder Sihombing; the prosecutor had asked for sentence of 10 months. Ade Firman, who clubbed Pastor Simanjuntak hard enough to send her to the hospital for treatment, was given a six-month sentence; prosecutors had requested an eight-month sentence. Two under-age defendants were found guilty and turned over to their parents.

Along with Barda of the FPI, eight other defendants received sentences of five months and 15 days: Ismail, Dede Tri Sutrisna, Panca Rano, Khaerul Anwar, Nunu Nurhadi, Roy Karyadi, Kiki Nurdiansyah, Suprianto and one identified only as Ismail; prosecutors had asked for six-month sentences.

During the trial, 100 members of the FPI demonstrated in front of the courthouse, demanding that Barda and the others be immediately released. As each sentence was read out, the demonstrators shouted “Allahu Akbar [God is greater].”

The lawyer for Barda, Shalih Mangara Sitompul, said the verdicts brought about peace between both parties. His client was found guilty of incidents that took place on Aug. 1 and 8, 2010, he said, questioning why the Sept. 12 attack became the basis for criminal prosecution as Barda did not even encounter Pastor Simanjuntak on that date.

Sitompul said he would appeal the verdict.

Pastor Simanjuntak said the light sentences showed that the state was unable to fully enforce the law.

“This country is more afraid of the masses than standing for justice,” she said. “That’s what happened in the state court in Bekasi. With heavy hearts we accept the verdict.”

The stabbing victim, Sihombing, said that he was not surprised by the light sentences.

“The verdicts were not just, but I don’t know what else to do,” he said. “I’ve just got to accept things.”

Indonesia is a country that follows the rule of law, he said, and therefore it is not right to give a light sentence for stabbing.

“Even so, as a Christian and elder of the congregation, I have forgiven the person who attacked me,” he said.

Attorney Siagian said the sentences will fail to act as a deterrent.

“It passively encourages future violence in the name of religion by radical groups against minorities – not only against the HKBP church, but also against citizens in other areas,” he said. “Also, the verdict shows that the judge sides with those who committed violent acts in the name of religion, and it is a threat to pluralism and diversity in Indonesia.”

Report from Compass Direct News

Church Building in Bogor, Indonesia Re-opens – for a Day

City officials order security police to close church under cover of darkness.

JAKARTA, Indonesia, September 8 (CDN) — The Bogor city government in West Java re-sealed the Gereja Kristen Indonesia (GKI) Yasmin Church on Aug. 28, one day after security police had removed the seal and lock.

Under cover of darkness, Bogor security police were ordered to secretly re-seal the church building at 11 p.m. the night before it was to be used for worship services.

Jayadi Damanik, a member of the GKI Yasmin legal team, said security police had removed the lock and seal after church talks with the district officer, the Bogor police chief, the head of the security police and citizens who live near the church. In those talks all parties agreed that there was no reason to question the construction and presence of the GKI Yasmin Church, he said.  

The district officer and the Bogor police chief told church leaders that the original sealing of the church on April 11 was the unwarranted result of political pressure, he said.

After re-opening the church on Aug. 27, authorities placed a notice that read, “Because this Gereja Kristen Indonesia building has satisfied all of the requirements, it has a building permit, No. 645.8-372 Year 2006, and has been strengthened by the force of law according to the decision handed down by the Bandung State Court Number 41/G/2008/PTUN-BDG, which rescinded the Bogor City Government decree Number 503/208-DKTP dated Feb. 14 freezing the permit.”

But on Aug. 28 at about 4 a.m., unknown persons locked the gate of the GKI Yasmin fence and placed a banner on it that read, “Because this building is continuing to be processed under the law, it cannot be used.”

At 11 a.m. that day, the church took off the lock and removed the banner, but late that night security police resealed it with a new notice.

Besides sealing the building under cover of darkness, Damanik said, there was no formal notice and no church witnesses.

“Why did they do this at night, like thieves?” Damanik said. “Because of this, we do not accept the seal as legal.”

He added that the State Court had found the April 11 sealing was illegal.

After the resealing, the GKI legal team went to the office of the security police to ask about it.  Yan Yan, head of the security police, said that his superiors, the Bogor municipal government, and the influential Bogor politicians had pressured him to re-seal it. He said his bosses had scolded him for taking off the seal on Aug. 27.

“I am astounded,” Damanik said. “Why should a security police officer who takes off a seal based on a legal decision be reprimanded rather than appreciated?”

Damanik said he appreciated the heart of the security chief, who understood that there was no reason for the Bogor government to seal the church on April 11.  

“I am proud that Mr. Yan did the right thing and took off the seal, even though it was just for one day,” he said. “He did this because he understood the truth.”As a result of this incident, Damanik said he hopes that the political elites will repent and carry out the court’s order.

GKI Yasmin elder Thomas Wadu Dara said the church would protest the resealing.  

“After this incident, we are going to write to the Indonesian president and the Parliament,” Wadu Dara said.

He said he hoped that the congregation would continue to be patient in meeting the challenges and not give up in their struggle for the truth.  

“We are going to continue worshipping on Sunday at 8 o’clock,” he said.

Since April 11, the GKI Yasmin congregation has been allowed to worship only once every two weeks on the shoulder of the road bordering fence in front of the church building that the Bogor government sealed.

Report from Compass Direct News

INDONESIA: CHURCH, BIBLE STUDENTS FIGHT DISCRIMINATION

Village congregation goes to court over loss of permit; SETIA students demonstrate for new campus.

JAKARTA, July 7 (Compass Direct News) – Christians have stood up for their rights in two key cases the last few weeks in heavily Muslim Indonesia.

Members of the Huria Kristen Batak Protestan Church (HKBP) in Cinere village, Depok, West Java appeared in court on June 29 to contest the mayor’s revocation of their building permit in March, while students of the shuttered Arastamar School of Theology (SETIA) demonstrated in Jakarta on June 15, asking officials to honor promises to provide them with a new campus.

HKBP church leaders filed suit against the decision in the state court in Bandung, West Java. Two court sessions have been held so far, on June 2 and June 29, with Depok Mayor Nur Mahmudi Ismail represented by Syafrizal, the head of the Depok legal department and who goes by the single name, and political associate Jhon Sinton Nainggolan.

Mahmudi issued a decree on March 27 cancelling a building permit that was initially granted to the HKBP church in Cinere on June 13, 1998, allowing it to establish a place of worship.

The mayor said he had acted in response to complaints from residents. Contrary to Indonesian law, however, Mahmudi did not consult the church before revoking the permit.

Nainggolan, arguing for Mahmudi, claimed the revocation was legal because it was based on a request from local citizens and would encourage religious harmony in Cinere. But Betty Sitompul, manager of the building project, strongly disputed this claim.

“Our immediate neighbors have no objection,” she told Compass. “A small minority who don’t think this way have influenced people from outside the immediate neighborhood to make this complaint.”

Sitompul added that the church had been meeting in a naval facility located about five kilometers (nearly three miles) from the church building since the permit was revoked, causing great inconvenience for church members, many of whom did not have their own transportation.

According to Kasno, who heads the People’s Coalition for National Unity in Depok and is known only by a single name, the mayor had clearly violated procedures set forth in a Joint Ministerial Decree, issued in 1969 and revised in 2006, regulating places of worship.

Legal advocate Junimart Girsang, representing the church, confirmed that under the revised decree, conflicts must not be solved unilaterally but through consultation and consensus with the parties involved. He also said it was against normal practice to revoke a building permit.

Construction of the church building began in 1998, shortly after the permit was issued, but halted soon afterward due to a lack of funds. When the project recommenced in 2007, members of a Muslim group from Cinere and neighboring villages damaged the boundary hedge and posted protest banners on the walls of the building. Most of the protestors were not local residents, Sitompul said.

By that stage the building was almost completed and church members were using it for worship services. (See “Mayor Revokes Church Permit,” May 5.)

SETIA Protest

In Jakarta, hundreds of SETIA students demonstrated in front of the presidential palace on June 15, calling on officials to honor promises made in March to provide them with a new campus. (See “New Building Site Found for Bible College,” May 11.)

At least 1,400 staff and students remain in three separate locations in sub-standard facilities, causing great disruption to their studies, according to the students. The original campus in Kampung Pulo, East Jakarta, closed after neighbors attacked students with machetes in July 2008 and remains cordoned off by police.

In negotiations with SETIA director Matheus Mangentang in May, Jakarta officials again promised to assist the school in finding a new site, and promised to work with neighbors to secure approval for a building permit.

Joko Prabowo, the school’s general secretary, said he believes officials have now reneged on these promises. When school officials recently requested relocation to Cipayung, East Jakarta, the governor’s office rejected their proposal, citing community resistance.

Deputy Gov. Prijanto, who has only a single name, had initially suggested Cikarang in West Java as a new location, but SETIA staff rejected this offer, saying the site was outside Jakarta provincial limits and a move would be prohibitively expensive.

Report from Compass Direct News