Juni 04, 2011

Criminal Law Expert Comments on Systematic Effort To Eliminate Indonesia Spiritual Activist Anand Krishna

Case of alleged sexual abuse against Indonesian Spiritual Leader Anand Krishna is almost certainly just engineered. The case begins when one of the participants in the Anand Ashram program, Tara Pradipta Lakshmi (19), complained of the alleged abuse. However, the case actually never meets the minimum requirements to be continued at the level of legal proof. This is explained by 3 (three) prominent speakers at the event discussion and press conference "Controversy Case of Anand Krishna" at the University Club Gajah Mada University (UGM) in Yogyakarta, on Tuesday (31/5).

Former member of Parliament Utami Pidada conveys that what is happening against the figure who is continously promoting Pancasila, is just the entry point to the another allegations to establish a negative opinion in the community. This is what's happening to Anand Krishna, presented an alibi at the trial does not match the facts. Tara, as the complainant is not shown as victims of abuse. "In terms of psychiatric she is not depressed, and sometimes laugh. From physical point of view, there is a visum states that she is still a virgin," she collaborates.

Utami deplored the arrogance of Tara lawyer who has declared that this case is going to beshifted towards religion blasphemy. "And it is told in the media," she said.

Meanwhile, activist of Reconciliation Movement of Pancasila Moral (GMRP) Romo Sapto Rahardjo says that the legal case experienced by Anand Krishna is also experienced by many figures who has been fighting for human rights, nationalism, and pluralism in Indonesia. Many parties feels threatened by what has been done by these figures, so they are using the same pattern to bring down these figures in order to slow down and hamper their cause. These figures usually will be bothered by legal issues that have been engineered.

Criminal Law Expert from UGM Faculty of Law, Prof. Dr, Edward Omar Sharif Hiariej says "In terms of legal formal and legal material, this case cannot be proceed to the court of law. So if these cases are allowed to continue, I believe 99,9 percent is engineering." Edward, who also became an expert witness in the case says that Anand is formally charged with Article 290 paragraph 1 and Article 294 paragraph 2 Juncto Article 64 paragraph 1 of the Criminal Penal Code.

According to him, applying the article of 290 to this case is very weak. The article is stating the threat of a prison sentence of 7 years for those who perform lewd acts on a person who is in the state of unconscious or helpless. "But Tara admitted that she was fully conscious when the alleged abuse occurred although prosecutors insisted that Tara was hypnotized. But what should be observed here is the word "unconscious or helpless" that simply means physical pressures, such as bound, confined, or injection of certain drugs. And when prosecuted as continuing acts, in fact, Tara was always in the state of conscious condition. So, why is so odd? If you realize that you have been sexually abused, how come you let this happen to you again and again?, "he explained at the forum initiated by Reconciliation Movement of Pancasila Moral (GMRP).

In terms of material, according to Edward, is even weaker. There are provisions of minimum two witnesses that were not met. "Again the only witness was just Tara alone. Another witnesses talked about other friends who were also allegedly abused. However this statement was not linked to each other. So, it's like gossip. The funny thing was that statement only stated other person's opinions or sayings. And this was used as a legal fact," he explained.

Edward suspected that there is a systematic attempt to get rid of Anand Krishna. "Remember this is the third time that Anand criminalized. First in 2000 about the desecration of religion that later was not proved because of support from Islamic leaders. The second in 2005 on fraud money of 150 million which was also no evidence and eventually withdrawn by the complainant, "he said.


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