Vedro Imanuel Girsang, Jakarta – SETARA Institute criticizes the use of articles used by the Indonesian police in handling intolerant acts. In some cases of forced dispersal and prohibition of religious worship, the police only use the vandalism article.
According to SETARA researcher, Azeem Marhendra Amedi, the police actually have other alternative articles that can be used to ensnare intolerant perpetrators. 'Article 175 of the Criminal Code currently allows intolerant actions to be punishable,' said Azeem to Tempo.
Azeem explained that Article 175 of the Criminal Code regulates the obstruction of worship activities. Clauses in the article allow actions that obstruct someone from worshiping to be punishable.
'Especially if it is proven that their intention is to obstruct the worship because they consider the worship to be disturbing. Then the mens rea or malicious intent could be fulfilled,' said Azeem.
Azeem assessed that the police should still apply Article 175 of the Criminal Code in cases of forced dispersal of worship activities as in Sukabumi and Padang. 'So it can be layered besides (the use of) violence,' said Azeem.
Previously, LBH Padang also stated that the police could use common offenses such as Articles 156 and 175 of the Criminal Code to prosecute perpetrators without waiting for victim reports. According to them, persecution and violence against religious groups are criminal offenses.
It is recently known that repeated cases of worship dispersal have occurred. The first case was the forced dispersal of a Christian school retreat in Cidahu Sub-district, Sukabumi Regency.
At that time, the Sukabumi Resort Police arrested and detained eight perpetrators. The police ensnared them with Article 170 of the Criminal Code regarding vandalism committed collectively and Article 406 of the Criminal Code regarding property damage.
Meanwhile, the latest case occurred in Padang, West Sumatra. The prayer house of the Indonesian Evangelical Church (GKSI) Anugerah was vandalized and the worship of the students was forcibly dispersed.
Deputy Chief of the West Sumatra Regional Police Brigadier General Solihin stated that the police had detained nine people suspected of being involved in the attack and vandalism of the prayer house. 'Those who are responsible will be held accountable,' said Solihin.
However, it is not yet known whether the nine detainees have been made suspects. The police also have not revealed the articles that may be charged against the perpetrators.
– Fachri Hamzah contributed to the writing of this article.
Source: https://en.tempo.co/read/2035481/setara-criticizes-articles-snaring-perpetrators-of-intoleranc