Two protesters jailed for insulting state leaders

Two protesters jailed for insulting state leaders

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Two activists became the first to be convicted in the country
for insulting the President and the Vice President under the
administration of President Megawati Soekarnoputri and Vice
President Hamzah Haz.

Defendants Muzakkir, alias Aceh, and Nanang Mamija, alias
Junet, were sentenced on Thursday to one year in prison for
stomping on the official pictures of Megawati and Hamzah and
pouring spoiled rice on them during a rally held by the Populist
Youth Movement (GPK) and the National Farmers Federation (STN) in
front of the State Palace on June 24.

During the rally they said that the leaders had failed to
improve the welfare of farmers. They also protested that they had
been marginalized as more of their land had been used for
industrial development.

The sentence handed down by the Central Jakarta District Court
was less than the 18-month prison term earlier sought by chief
prosecutor Luhut Sianturi.

According to the verdict, the defendants were found guilty of
the charges because the pictures they stomped on featured
Megawati and Hamzah, who wore state medallions.

"The pictures are supposed to be treated with honor just like
other state symbols such as the symbol of Garuda," said presiding
judge Sirande Palayukan, referring to the mythical bird on the
official seal of the Republic of Indonesia.

The members of the panel of judges -- comprising Sirande, Asep
Irwan Iriawan and Dwianto Budi S. -- also ruled that
demonstrators should not do anything against the law, although
demonstrations per se are allowed in the country as a freedom of
expression.

"If a certain group insults the President and the Vice
President, it would spark debate among the public about their
actions that could lead to divisiveness," Judge Sirande said.

The verdict said that protests against the government could be
channeled through the appropriate institutions, such as the
People's Consultative Assembly (MPR).

A factor strengthening the sentence was the fact that both
defendants did not express regret for what they had done.

Muzakkir, 21, had told the court that he "felt satisfied for
pouring rotten rice on the pictures of Megawati and Hamzah
because they deserved it." He said that both Megawati and Hamzah
must be made to realize how hard it is for the common people to
get a spoonful of rice.

Clad in a red shirt and bandanna, both defendants looked calm
upon hearing the verdict.

However, 20-year-old Nanang said that they would appeal
because the sentence was too harsh.

"We only criticized Mega and Hamzah. The sentence is not
fair," he told reporters after the hearing.

Their lawyer, Taufik Basari, said that the sentence would
become a bad precedent for the pro-democracy movement in the
future.

He suspected that the government would file the same charges,
against other activists in the future. The charges are based on
the violation of Article 134 of the Criminal Code on the
deliberate intent to insult the president or vice president that
carries a maximum penalty of six years in prison.

The article is known here as pasal karet (malleable article),
as in the past the New Order regime would draw upon it to
suppress its political opponents.

"I think the government will use this prosecution (of the
defendants) as a test case for other demonstrators in the
future," Taufik said.

Currently, several other demonstrators in Aceh and Medan,
North Sumatra, are being prosecuted by the police for painting an
'X' on photos of Megawati and Hamzah.