JAKARTA - The suspect in the alleged blasphemy case, Yahya Waloni, has filed a pretrial lawsuit at the South Jakarta District Court. The lawsuit relates to the process of determining the suspect.
"We have registered a pretrial application with the South Jakarta District Court this morning", Yahya Waloni's lawyer, Abdullah Al Katiri, told reporters, Monday, September 6.
One of the reasons for the pretrial lawsuit is the process of arresting and naming a suspect against Yahya Waloni without going through the examination process. In fact, Abdullah said, his client's actions did not include extraordinary crimes such as terrorism.
"Which arrests are not by the due process of law can be justified in extraordinary crimes such as terrorists, drugs, human trafficking, or crimes caught red-handed", Abdullah said.
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Then, Abdullah also regretted the investigator's decision to detain his client. In fact, his health condition can be said to be unhealthy.
"Yahya Waloni was named a suspect, then he was detained only because the cleric gave a lecture in connection with a scientific study of the Christian Bible in a mosque that is a special place of worship for Muslims (exclusive), which in his lecture he mentioned the current Christian Bible according to his study, fake (not real)", Abdullah said.
Moreover, the article alleged against Yahya Waloni contains an element of spreading. However, Abdullah said, his client was not the publisher of the video.
"And the results of the study at the special place were used as the basis by the reporter to report him under Article 45 A Paragraph (2) in conjunction with Article 28 Paragraph (2) of Law No. 19 of 2016. Which of these articles is imposed by those who spread, not the one who made the statement. And Article 156 a letter an of the Criminal Code on Blasphemy of Religion, while in this case, it was not Ustad Yahya Waloni who made the video, let alone spread it", Abdullah said.
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