City Fighting Buddha Bar Guilty Verdict
Ulma Haryanto | September 07, 2010
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Jakarta. The city administration on Monday appealed a court ruling that found Governor Fauzi Bowo and the Jakarta Tourism Office guilty of violating multiple laws when they approved a permit for the controversial Buddha Bar.
“We disagree with the ruling. We believe that the judges confused the problems. [The government] didn’t violate any law,” Made Suarjaya, chief of the legal disputes subdivision at the Jakarta Legal Bureau, said on Monday.
Last week, the Central Jakarta District Court ruled in favor of 61 Buddhists, represented by the Anti-Buddha Bar Forum (FABB), who filed charges against bar owner Nireta Vista Creative, Fauzi and the Jakarta Tourism Office.
The charges included blasphemy and breaking laws concerning business and tourism that mandate respect for state-sanctioned religions. The bar opened in Central Jakarta in December 2008.
The court ordered the bar to close immediately and ordered its operating permit revoked. It also handed down a Rp 1 billion ($111,000) fine to be paid by the defendants for immaterial losses.
Made argued that revoking a permit would not be easy, as another case is being heard at the State Administrative High Court regarding the bar.
In that case, Nireta Vista is challenging the decision of the Directorate General of Intellectual Property Rights Protection (Ditjen HAKI) under the Ministry of Justice and Human Rights to revoke the nightclub’s brand-registration certificate in response to the controversy over its name.
“So I believe the judges misunderstood the overall situation,” Made added.
Besides, he said “the bar has changed its name, the [Tourism Office] urged it to do so.”
The management last year restored the colonial name of the building housing the bar, Bataviasche Kunstkring, but the decorations and theme were not changed and patrons continued to refer to it as Buddha Bar.
Made also said the hefty fine was baseless and confusing. “The accusations were made on behalf of all Indonesian Buddhists; of course it would be impossible to pay it out to them,” he said.
Kurnia Girsang, Nireta Vista’s attorney, said his client has not filed an appeal yet.
“But if the government appealed, then it will automatically affect the company as well. My client would like to request an appeal, which must be done within 14 days of the verdict,” he said.
Meanwhile, Haris Candra, a member of FABB’s legal team, welcomed any challenges to the ruling. “It’s their right, we had the right to do the same thing if we lost,” he said.
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