Category: Justice

Government to move Abu Bakar Bashir to a Central Java prison

The Indonesian government will move ailing radical cleric Abu Bakar Bashir to a prison near his hometown in Solo, Central Java for humanitarian reason.

“[The decision] is final. We’ll just need to move him to Central Java,” chief security minister Wiranto told journalists on Wednesday.


On Tuesday, Wiranto said the government has made the decision by taking into account the firebrand cleric’s old age and poor health without compromising the legal and security aspects. He also said that Bashir will have access to medical treatment and if necessary, the government will take him to the hospital “using a helicopter”.

Bashir will be moved from his isolation cell in Gunung Sindur prison in Bogor, West Java to a prison near Klaten in Central Java where  he can be close to his family.

Earlier in the week, Ministry of Justice and Human Rights said Bashir is ineligible for house arrest. It was one of the options the government said it was considering as leniency to the ailing cleric.

“House arrest is only available for a defendant who is standing trial, while Bashir is no longer a defendant. He is a prisoner, convicted to serve time in prison,” Ade Kusmanto, a spokesman for the ministry’s Directorate General of Correction said.

Last week, Defense Minister Ryamizard Ryacudu told journalists at the state palace that house arrest for the cleric is very likely, as the government is weighing up which form of clemency it could give to Bashir. The cleric suffers from pooling of blood on his legs, a condition which requires him to undergo regular medical check-ups.

On Mar. 1, Bashir was taken to a hospital in Jakarta for treatment which his lawyer, Achmad Michdan, said had been scheduled for Nov. 2017. He is scheduled for another check up on Thursday.

President Joko Widodo said the government gave permission for Bashir to go to the hospital on humanitarian grounds.

Kusmanto said the cleric can ask the president for clemency, given that he is in poor health and will become an octogenarian this year. Another possibility is to demand parole, for which he will be eligible in June 2019 when he will have served two-thirds of his 15-year prison sentence.

Michdan said his client rules out both the options since applying for either one would mean that Bashir pleads guilty to the charges against him.

Bashir was convicted in 2011 for supporting paramilitary training in Aceh, and the firebrand cleric is described as the ideological icon of Jamaah Islamiyah (JI), including those who carried out bomb attacks in Bali in 2003.

“Bashir believes he is innocent because he was merely observing his faith as a Muslim. He was collecting money to fund training and travel for those who wanted to go as mujahideen to Palestine. He wasn’t rebelling against the country,” Michdan said.

Michdan said that it should be possible for the government to “relocate the place” where Bashir serves his sentence from Gunung Sindur prison to his house in Solo, Central Java.

He cited examples of jailed former Jakarta governor Basuki Tjahaja Purnama, who is serving his two-year sentence for blasphemy at a special police detention instead of a correctional facility, and East Timor resistance fighter Xanana Gusmao who had been imprisoned in Jakarta when he was fighting for East Timor’s independence from Indonesia. He was then confined to a house in Central Jakarta in 1999.

Terrorism analyst Adhe Bakti said even though house arrest is not regulated in the Criminal Procedures Code, Gusmao’s case was laden with political context at that time when East Timor was going for a referendum in which they voted for independence from Indonesia on Aug. 30, 1999.

“But the government could make a breakthrough by giving Bashir leniency to serve the rest of his sentence on house isolation based on humanitarian grounds. At least it would project a positive image of the government before the Islamists,” Bakti said.

Bakti warned that isolation remains necessary given Bashir’s revered position among militants.

“Even though he is no longer affiliated with ISIS, he still very much identified with radical teaching,” Bakti said.

This story has been updated from its original version in Arab News

Indonesian Constitutional Court rejects bid to ban sex out of wedlock

Indonesia’s Constitutional Court has rejected a petition to criminalize consensual sex outside of marriage.

The petition was filed by a group of conservative academics, who argued that provisions in the criminal code on adultery should extend to sex involving unmarried people.

The petitioners also wanted sex between people of the same sex to be outlawed.

Five judges of the nine-judge panel rejected the petition.

The judges who rejected the petition argued that it was not in line with civil liberties afforded by the constitution.

They also said the court had no jurisdiction to change the criminal code.

“The fact that the legal provisions are incomplete does not make it unconstitutional,” the judges said in their ruling, adding that the petitioners should instead propose changes to lawmakers.

Rights groups had voiced fears that a ruling in favour of the petition would threaten personal freedoms.

Pre-marital and homosexual sex is not illegal in Indonesia, except in autonomous Aceh province where a version of Islamic law, or sharia, is in force.

“The judicial review brought by the applicants is an attempt to undermine human rights protection in Indonesia,” said the Community Legal Aid Institute, a non-governmental organization, in a statement.

“We hope that in the future the Constitutional Court can maintain its role as a negative legislator and will not bow to pressure from various groups that act in the name of religious morality,” it said.

Indonesia is the world’s largest Muslim-majority country, where many see sex outside of marriage as taboo.

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