Ahok not appealing against jail sentence for 'good of nation'

His fate now lies in court decision on prosecution's appeal against heavier-than-expected sentence, say lawyers

Ms Veronica Tan (left), with her sister-in-law Fifi Lety Indra, reading out an impassioned letter by her husband Basuki Tjahaja Purnama (right, speaking to his lawyers after the guilty verdict in his blasphemy trial in Jakarta on May 9) at a press co
Ms Veronica Tan (above), with her sister-in-law Fifi Lety Indra, reading out an impassioned letter by her husband Basuki Tjahaja Purnama at a press conference yesterday. PHOTO: AGENCE FRANCE-PRESSE
Ms Veronica Tan (left), with her sister-in-law Fifi Lety Indra, reading out an impassioned letter by her husband Basuki Tjahaja Purnama (right, speaking to his lawyers after the guilty verdict in his blasphemy trial in Jakarta on May 9) at a press co
Ms Veronica Tan, with her sister-in-law Fifi Lety Indra, reading out an impassioned letter by her husband Basuki Tjahaja Purnama (above, speaking to his lawyers after the guilty verdict in his blasphemy trial in Jakarta on May 9) at a press conference yesterday. PHOTO: AGENCE FRANCE-PRESSE

Outgoing Jakarta Governor Basuki Tjahaja Purnama, who is serving a two-year jail term for blasphemy, said he decided not to appeal against his conviction for the "good of the nation and of the country".

His surprise decision means he will remain in jail for at least one year before he can be eligible for remission - unless the prosecution's appeal for him to be placed on probation is granted by the High Court.

In an impassioned letter read out by his wife Veronica Tan at a press conference yesterday, Basuki wrote that he has learnt to forgive and has accepted his fate.

"I know it is not easy for all of you, let alone myself, to accept this reality," added Basuki in the handwritten letter dated May 21.

"I want to thank all of you who have been supporting me, for all the prayers, cards with well wishes, letters, books and even the candlelight vigils."

The Christian politician, better known by his Chinese nickname Ahok, dropped a bombshell when his family announced that he would be withdrawing his appeal at the last minute on Monday.

Basuki was sent to jail on May 9 after the North Jakarta District Court found him guilty of blasphemy.

The unexpectedly harsh two-year jail sentence was against the prosecution's earlier recommendation of two years' probation on a lesser charge of insulting Muslims.

Lawyers say his fate now lies in a court decision on a rare appeal filed by public prosecutors against the heavier-than-expected sentence.

If the prosecutors win their appeal, Basuki's sentence will be reduced and he may be given probation, said legal experts.

But Mr Sugeng Teguh Santoso, secretary-general of the Association of Indonesian Advocates, said the move could also go against Basuki and hurt his chances of an early release.

"Anything can happen in the appeal courts, his sentence may be maintained, cut or even raised," said Mr Sugeng.

He added that Basuki's decision not to appeal was probably aimed at preventing his sentence from being enhanced by the higher court.

"But his move is useless if the prosecutors do not revoke their appeal."

Attorney-General H. M. Prasetyo confirmed yesterday that the prosecution will continue its appeal.

Lawyer Sylvester Riza, however, is of the view that Basuki could be freed within the year due to Indonesia's remission system, which takes into consideration national holidays.

At the discretion of the law and human rights minister, an inmate with good behaviour could see between 15 and 60 days cut from his sentence for each holiday he is eligible to celebrate within his jail term.

In Basuki's case, it would be Christmas and Independence Day.

According to Mr Sylvester, Basuki would be eligible for remission starting from November, or six months after he begins his sentence.

Basuki still has other avenues, such as filing a case review by presenting new evidence or seeking a presidential pardon.

This latest development comes amid criticisms by a panel of experts from the United Nations who said the verdict undermines freedom of religion in Indonesia.

"We urge the government to overturn (Basuki's) sentence on appeal or to extend to him whatever form of clemency may be available under Indonesian law, so that he may be released from prison immediately," they said in a statement on Monday.

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A version of this article appeared in the print edition of The Straits Times on May 24, 2017, with the headline Ahok not appealing against jail sentence for 'good of nation'. Subscribe