Syekh Puji and the Office of the Attorney General...

The Office of the Attorney General (AGO) has stated that it intends to appeal against the preliminary decision handed down by the Ungaran District Court in the case of child sexual abuse against Pujiantocahyo Widianto or Syekh Puji as he is known by his followers.

The Ungaran District Court dismissed the indictment for being incomplete and vague. The rationale of the court was that the indictment failed to detail explicitly how and when the offenses were committed. Presumably, the prosecutors failed, according to the court, to get into the nitty gritty of detailing what type of sex was had, when the sexual intercourse occurred, and where. Any amended indictment that seeks to satisfy the court in this regard is certainly going to make for interesting reading.

Albeit, it seems that the trend to explicit detail in indictments regarding sexual activity has already been started by the AGO in the case against Antasari Azhar in the South Jakarta District Court. The indictment read out by the prosecutors in the Antasari case caused some controversy as it was the first time the sexual practices of a former public official were entered into the court records. The indictment detailed Antasari's need for some hand relief (also known as a happy ending or being masturbated) from someone else's wife. For which he paid USD 500.

Back to the Syekh. The AGO is going to appeal to the Central Java High Court seeking the court to overturn the ruling. If they are successful in their appeal, then the Central Java High Court is most likely to order the matter to proceed in the Ungaran District Court. The appeal is based on a cause of action that the court / judges erred in their application of the relevant laws. Simply, the indictment is not flawed but the legal reasoning of the judges is flawed in this case.

The dismissal of the indictment against the Syekh poses an interesting dilemma. The girl in this case is a girl at just 12-years of age when the Syekh married her. So, there is seemingly a prima facie case on which to proceed. The dismissal of the indictment, by default, says that there is no case on which to proceed. Therefore, the dilemma is whether or not this dismissal can be read as condoning and legalizing pedophilia in Indonesia?

It is clear under the marriage law that a child of 12 years of age cannot marry. It is also pretty clear that the parents of a 12-year-old would encounter some legal obstacles in condoning such a marriage. The Child Protection Law explicitly states that a child is a child until they reach the age of 18. So, to allow this decision to stand unchallenged sets a bad precedent. The AGO has an obligation to pursue this through higher courts.

Interestingly, it would seem that the argument that the practice of marriage according to the rules of Islam trumps any national laws that are in place that would seemingly prohibit such practices. There is some debate about whether Islam of the 21st Century still condones the marriage practices of the 7th Century as they relate to child brides. However, the Ungaran District Court decision has added a new dynamic to the framework of the argument.

It would seem though that, at least in the interim, the Syekh is free to go about his daily business as a handicraft exporter and husband to a child bride.

Syekh Puji Goes To Trial (and gets acquitted)...

Syekh Puji went to trial in the Ungaran District Court charged with committing sexual abuse on a child. The sexual abuse charges stem from his marriage to an underage girl. I have written about this case elsewhere, and you can find those posts here.

In essence, the Syekh was facing charges relating to violations of Articles 81(2) and 82 of the Child Protection Law and Article 290 of the Indonesian Criminal Code. I also believe that there are charges relating to a violation of the Marriage Law. I have not seen the indictment or read the verdict dismissing the case.

However, the presiding judge in the trial, Hari Mulyanto, dismissed the prosecution case because, in his opinion, the indictment was incomplete, vague, and by default, flawed. Consequently, Mulyanto ordered that the Syekh was free to go and resume his life free of the charges laid. In that sense it is not really an acquittal, because in a technical sense the judge has issued a preliminary ruling stating that the case cannot go forward to trial because the indictment does not make the grade.

Prosecutors, apparently, intend to appeal the verdict. But, what is interesting was that the prosecution seemed to indicate that they will go away and improve the indictment. This suggests that the first time out the prosecutors did not bother to cross all the "t"s and dot all the "i"s.

Appeals in Indonesia generally require that there be new evidence available that was not available at the time of the trial or that there has been an error by the judge(s) in the application of the law. Unfortunately, prosecutors failing to do their jobs is not new evidence or an error in the application of the law.

There seems to be little doubt that the Syekh married an underage girl, and there seems little doubt that he consummated that marriage after her first period, what seems to be in doubt is the ability of the prosecutors to close the deal on this case.

Syekh Puji Goes To Trial...

Pujiono Cahyono Widianto who is also known as Syekh Puji (Syech Puji) has finally gone to trial for marrying a 12-year-old, Lutfiana Ulfa, back in Ausgust 2008. The trial is being held in Central Java at the Ungaran District Court. Puji has been charged and indicted under two articles; art. 88 of Law 2002 (Child Protection Law) and art. 290 of the Indonesian Criminal Code (KUHP).

Each of the articles carry a maximum term of imprisonment of ten years. Puji is not expected to receive the maximum sentence. Though it would be a worthy statement that there is no religious exception to the laws of marriage, the protection of children, or the committing of crimes. Nevertheless, there will always be those that argue the laws of man (for want of a gender neutral term) will always be trumped by the laws of God.

The trial is being held behind closed doors. There is some argument as to whether this is necessary because the identity of the perpetrator of the alleged crime and the victim have both been revealed publicly and their photos splashed across the world's media pages. Nevertheless, Indonesian law generally protects the identity of minors involved in criminal matters, both as victims and as perpetrators. I have a picture of them both, but have opted for the one above. Perhaps this is what he is paying OC Kaligis to represent him.

If I was ever going to practice law in Indonesia and I was keen to practice criminal law, then OC Kaligis would be one advocate that I would try and convince to employ me. He gets plenty of interesting work. That is not to say that I would be keen to defend Syekh Puji, but I am a firm believer that everyone is entitled to get the best possible representation available, irrespective of their ability to pay. Obviously, the Syekh can pay!

This case and trial might be a little difficult for me to follow from Sydney, but I will do my best.