Selasa 21 Feb 2017 18:27 WIB

Supreme Court refuses to issue fatwa on Ahok status

Rep: Umar Mukhtar, RR Laeny Sulistyawati/ Red: Reiny Dwinanda
Defendant of religious blasphemy case, Basuki Tjahaja Purnama (Ahok) attended the trial on Auditorium of Ministry of Agriculture.
Foto: Republika/Pool/Ramdani
Defendant of religious blasphemy case, Basuki Tjahaja Purnama (Ahok) attended the trial on Auditorium of Ministry of Agriculture.

REPUBLIKA.CO.ID, JAKARTA -- Deputy Head of Judicial Affairs of the Supreme Court (MA)  M. Syarifuddin said that the Supreme Court has refused the request from Interior Ministry to issue a fatwa on Basuki Tjahaja Purnama (Ahok) position as Jakarta's governor. Ahok has been indicted with violating articles 156 and 156 (a) of the Criminal Code on blasphemy.

Interior Minister Tjahjo Kumolo believed that the Law and the indictment has multi-interpretation. Therfore, he has requested fatwa from Supreme Court whether Ahok should dismissed. "We did not (issue the fatwa), because there has been an appeal (in court) and the lawsuit has been on trial. Of course we could not give an opinion because it will disturb independency of judges," Syariffudin said in Jakarta, Tuesday.

Moreover, Syarifuddin said, these polemics were being sued to the State Administrative Court (PTUN). Because of the lawsuit filed to the administrative court and also because of the blasphemy case was still in progress in court, Supreme Court decided not to give fatwa as a form MA's opinion on polemic differences in interpretation related to the dismissal of Ahok.

Therefore, the Supreme Court restored the decision to the Interior Minister. "We did not give an opinion because there was a lawsuit to Administrative Court. Regarding that, if we give fatwa, it will interfere with the independence of judges," Syarifuddin said.

According to Syarifuddin, when the Supreme Court issued a fatwa on this polemic, it would be the same as if the Supreme Court issued verdict of the case. In fact, the case was still tried in court. Therefore, MA handed it over to the Interior Ministry.

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