Fri, 25 Aug 1995

Office boy gets 20 months in jail

JAKARTA (JP): An office boy was sentenced yesterday to 20 months imprisonment, after the Central Jakarta District Court found him guilty of helping distribute a magazine that allegedly incited public hatred of the government.

Handing down the sentence, presiding judge Soehardjo said that Danang Kukuh Wardoyo, 19, had been found guilty of helping activists Ahmad Taufik and Eko Maryadi, of the unrecognized Alliance of Independent Journalists (AJI), sow hatred and enmity against the government with the distribution and sale of AJI's unlicensed publication Independen.

Under the existing regulations, all publications are required to have publishing licenses issued by the Ministry of Information.

Danang, the judge said, also helped Eko serve subscribers of Independen and took part in selling the magazines to guests at a reception organized by AJI at the Wisata International Hotel on March 16, where Danang, Eko and Ahmad were arrested.

Eko and Ahmad are awaiting verdicts, at the same court, on charges of spreading animosity against the government and insulting it. Both are former journalists of the banned Tempo magazine.

AJI was founded after the government banned three weeklies, DeTik, Tempo and Editor in June last year.

The government banned Independen in March, but so far has not outlawed AJI. However, after government pressure, some AJI members working for local media have been forced to resign from their jobs, or have been forced to take non-editorial positions.

"I sentence Danang Kukuh Maryadi to one year and eight months in prison, with the six months he has already spent in custody deducted," the judge said, stressing that his activities could spark social unrest and disturb national unity.

Prosecutor Meity Joseph had earlier demanded that the defendant be sentenced to 30 months in prison.

The verdict was greeted by cries of "Fascist court," "Allahu Akbar (Allah is Great)" and "What kind of a tribunal is this?"

Danang, reportedly hired on a monthly salary of Rp 100,000 (US$44) by AJI, is said to be the youngest person jailed on political charges in Indonesia.

Responding to the verdict, Danang said he was sad and disappointed and that he would appeal.

Danang's lawyer, Luhut M.P Pangaribuan, also expressed his disappointment and insisted that the judge's decision has no legal basis whatsoever. He said the judge should have taken into account the fact that the defendant was a mere office boy and only obeying instructions.

"Those under orders cannot be held responsible for what is done, the analogy can be drawn between a military commander and the soldiers he leads," Luhut said.

The verdict was also being questioned by AJI. It forwarded in a statement three points questioning the decision made by the judge.

First, Danang, who was convicted of assisting Ahmad and Eko in sowing hatred against the government has been sentenced, while Ahmad and Eko themselves have not been found guilty.

Second, one year and eight months for Danang, as a mere office helper, is unfair compared with the verdict handed down to a 21- year-old female student activist who was sentenced to 14 months imprisonment last year for allegedly insulting President Soeharto.

Third, the judge's ruling is also unfair when compared to the one-year imprisonment demanded by the prosecutor for soothsayer Permadi, who is being tried at the Sleman District Court, Yogyakarta, on charges of insulting Prophet Muhammad through allegedly blasphemous remarks he made during a seminar last year.(29)