The Case of Baiq Nuril: Miscarriage of Justice

Discussion in 'Criminal Law' started by dafluff, Nov 24, 2018.

  1. dafluff

    dafluff
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    If you follow Indonesian jurisprudence, you will quickly become jaded at the many judicial decisions that defy sanity. It's not just the high profile cases, such as the Ferdi and Neil (Jakarta International School) case, which apparently allowed testimony regarding a "magic stone" overrule medical experts. Nor is it just the cases that receive intense public pressure, such as the Ahok blasphemy case or the case of Meliana, who was sentenced to 18 months in prison over complaining about a mosque's loudspeaker. (Nevermind that the people who burned no less than 7 temples in retaliation to that complaint received less than 3 months).

    Sometimes even small cases, cases that would have never made the news were it not for the ridiculousness of the decision, can be a head shaker. One such case I have written about in this forum. In it, a small laundromat owner was jailed for 3 months over some misplaced laundry.

    Another one is currently making the news. The story pertains to a Ms. Baiq Nuril Maknun, a temporary high school teacher (guru honorer) in Mataram, West Nusa Tenggara.

    a9fc7d24-7300-4cf1-adb2-3e5182813f8f_169.jpg
    Ms Baiq Nuril, via CNNIndonesia


    Ms Nuril claims that in 2012 she was harassed multiple times by her superior, Mr. M, the principal of the school where she taught. The harassment was sexual in nature, and was done over the phone. Mr M would call her many times, and detail sexual escapades with women who are not his wife. He would then continue with suggestive and seductive remarks directed at Ms Nuril.

    Ms Nuril in an attempt to fight back, made a recording of one of the conversations. Yet, she never actually followed through on it, as she was afraid for her job.

    What she did though, was show her colleague, Mr Imam Mudawin, the recording. The latter then transferred the recording from Ms Nuril's phone to a laptop and then to the Mataram Youth and Sports Services, after which the recording was spread all over town.

    Hearing back about this recording, Mr M then reports Ms Nuril to the police over violating Article 27.1 in the ITE (Information and Technology) Law, and the case went to trial. The State Court of Mataram ruled that Ms Nuril was innocent, which obviously is the correct decision. However, similar to the laundromat case, the overzealous prosecutor, takes the case all the way to the Supreme Court.

    Inexplicably, the highest court in the land decided on Nov 9, 2018, that Ms Nuril is guilty, and sentences her to 6 months in prison and Rp 500 million in files. Her remaining option now is a judicial review (peninjauan kembali), and failing that, a presidential pardon. Thankfully President Jokowi has indicated that he is willing to do this.

    This still leaves one problem, namely that the actually guilty party in this situation, Mr M, has not been prosecuted for his harassment of a woman who was also his subordinate. This is the case that should have gone forward.


    References:

    https://www.cnnindonesia.com/nasion...us-baiq-nuril-bermula-dari-percakapan-telepon

    http://jogja.tribunnews.com/2018/11/20/pengacara-baiq-nuril-ungkap-penggalan-isi-pembicaraan-kepsek
     
  2. William King

    William King Well-Known Member Charter Member Cager

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    This is a big issue. Why are police not following up

    .they have evidence.

    The six months jail is no surprise, Prita was jailed for same in around 2007 against Omni hospital. The lady should have been more careful.

    But the pick and choose nature of policing in Indonesia is infuriating
     
  3. centurion

    centurion Member Cager

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    A woman has no value in the Indonesian society.
     
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