One step forward, two steps backward! A "Touching Story"

Laws are in place, Child Protection is among the governments main concerns and despite years of progress Indonesia once again proves that "it don't mean shit"!

As reported in the Jakarta Globe today!

A Central Java court on Tuesday threw out child abuse charges against self-proclaimed Islamic cleric Sheikh Puji over his marriage to a 12-year-old girl.

Ungaran District Court Chief Judge Hari Mulyanto delivered a preliminary ruling in the case stating that the “indictment regarding sexual intercourse is invalid because it is inaccurate, unclear and incomplete.”

A preliminary ruling decides whether a case has met all the requirements to proceed to trial. An inaccurate, unclear and incomplete indictment is sufficient grounds to drop a case.

Hari said the prosecution had failed to detail how and when the defendant had committed the acts for which he had been accused.

Novel Al Bakrie, a member of the defense team, claimed that the 12-year-old girl, who became Puji’s second wife in August 2008, was “not a victim” and that she “loves” Puji.

Puji, 43, whose real name is Pujiantocahyo Widianto, was charged under the Child Protection Law for allegedly “persuading a child to have sex and/or taking advantage of a person’s economic condition for his or her own benefit,” and under the 1974 Marriage Law for marrying a minor.

Prosecutors said they would refile the charges but did not say when this would happen.

Now, the way I see it is that the normal procedure would be to have Social Services (such as they are here), the Police (along with child welfare trained officers) investigate to ensure compliance both the with the National Child Protection Law as well as the four principles of the UN’s Convention on the Rights of the Child which Indonesia has signed.

In a nutshell these are:

1) Non-discrimination.
2) Best interests of the child.
3) The right to live, grow and develop.
4) The right to participate.

So, theoretically although legal protection from exploitation, violence and abuse is in place the onus is now on the Police and Prosecutor to ensure that the case filed which accuses sexual intercourse with a minor must be accurate, clear and complete. In this case, it appears that the hymen stained bedsheet (preferably signed and dated) is required as evidence before the judges would commit to a full trial. It is also worth noting that the Sheik was assisted in this case by a Lawyer who includes Tommy Suharto, (the former president's son)among his clients, thus, it seem's that the big guns were out on display here. (Wonder how much that cost?)

Emm, Err WTF!

Sheik Puji however has a substantial local following, which is thankfully not supported by the moderate Muslim Clerics in Central Java who basically claim that he is a charlatan with no formal religious training and should not be allowed to run the schools he does as he is not recognised in any formal sense as a cleric.

Did the girl's family help, emm, err, not a chance! The Child's father was arrested on charges of "selling his daughter" but suffered a convenient mental breakdown prohibiting him from testifying.His defence was that she had reached puberty and the Koran allows him to accept any proposal for marriage that he deems acceptable.

So there you have it....either a hurdle on the road to full child protection or a dangerous precedent which could set the country back decades!

I know which one I hope it is!