Indra Harsaputra, Pamekasan – The Pamekasan District Court sentenced a woman to time served on Monday. Her crime was stealing a used sarong valued at Rp 3,000 (35 US cents).
Presiding judge Rendra Yozar said that Amirah, 30, was sentenced to the time she spent in pre-verdict detention, three months and 24 days, to deter her from breaking the law in the future.
"This verdict means that [Amirah] will be freed from jail by midnight. We hope Amirah will be able to work again to support her 10-year-old son," Rendra told The Jakarta Post over the telephone after the verdict was issued.
Amirah, a resident of Sokon village in Pamekasan regency on Madura Island in East Java, has been detained since March 26, after she was reported to the police by her employer, Mariyem, 41, for stealing the sarong.
The housemaid previously told the court that she stole the garment along with some rice to feed her child.
Amirah, whose husband died when her son was three years old, was tried under Article 362 of the Criminal Code for theft, which carries a maximum sentence of five years' imprisonment.
She burst into tears as the verdict was read, while her brother, Mohammad, 43, got on his hands and knees and kissed the ground while proclaiming "God is Great." Amirah said she would not repeat her mistake and hoped that she could find a job after her employer fired her.
The trial attracted the attention of many members of the public who have questioned the speed of the judicial system when dealing with petty thefts committed by poor Indonesians – and its apparent lethargy when investigating a legion of corruption allegations involving of vast amounts of state money.
Critics say that the idea of justice for all remains elusive in Indonesia, despite the Constitution's promises. Equality before the law has become empty rhetoric, according to those critics, who have opined that the gap between ideals and reality has widened as evinced by media coverage of the nation's criminal justice system.
The Amirah case is only the latest in a series of trials that has exposed the unequal nature of Indonesian jurisprudence. The trials show that the forces of law and order are ready to attack the common person (wong cilik). Corrupters, however, steal billions from the state and yet walk free. Only ordinary people are brought to justice.
In one such similar case, the Kediri District Court in East Java levied 15-day suspended sentences on Basar Suyanto, 45, and Kholil, 49, in December 2009. Their crime was the theft of a watermelon valued at Rp 30,000. Their sentence was lighter than the 70 days sought by prosecutors.
Basar and Kholil took the watermelon from the farm of Darwati, a resident of Ngampel Mojoroto in Kediri. The pair, who said they stole the fruit because they were thirsty, were brought to justice by Second Insp. Marwan Susanto and Gaguk Prambudi – both of whom were relatives of Darwati.
The defendants alleged that the two police officers and the farmer held them at gunpoint, beat them and then stripped them naked. Basar and Kholil allege that they were then taken to the Mojoroto Police station and named suspects without being questioned.
In a third case, Minah, an elderly woman in Banyumas, Central Java, was tried for theft in November 2009. Her crime was stealing three cacao fruits valued at Rp 1,500. Her sentence, 45 days in jail, was suspended.
However, the court said that the mother of seven and grandmother of more would have to serve her full sentence if she committed a similar crime within three months of her conviction.
Minah, a resident of Darmakradenan village in Ajibarang district, stood trial without an attorney. She said she took the cacao fruits in September to grow plants from the seeds.