Category: Justice

Saudi couple meet Indonesian maid they forgave for murder of their child

A Saudi couple from Tabuk have met the Indonesian domestic helper they pardoned after she was sentenced to death for murdering their 11-month-old child in 2009.

Ghalib Nasir Al-Hamri Al-Balawi and his wife arrived in Indonesia on May 3 for a week-long stay, which included a visit to Cirebon in West Java to meet Masamah bint Raswa Sanusi and her family.

“I didn’t seek for anything else by giving her pardon but God’s mercy,” Al-Balawi said through a translator during a press conference at the Saudi Arabian Embassy in Jakarta on Monday.

He said that he was very impressed with the hospitality showed by Indonesia during their first visit to the country.

Arief Hidayat, an official from the Foreign Ministry’s Directorate for Protection of Indonesian Citizens Abroad, said that the couple’s visit was facilitated by the Indonesian Consulate General in Jeddah in appreciation of the couple’s compassion and willingness to forgive Masamah.

“We took them to Cirebon by train and they were greeted by the acting Cirebon district head upon arrival,” Hidayat said, adding that they also took the couple to the safari park in Cisarua in the mountainous Puncak area, a popular destination for tourists from Middle Eastern countries.

Masamah’s lengthy trial began in 2009 after local authorities accused her of murdering Al-Balawi’s child after they found her fingerprints on the baby’s face.

Masamah has always maintained her innocence and said that she only rubbed the baby’s face after she found it unconscious. She was sentenced to five years in prison in 2014 but the district attorney appealed and she was sentenced to death in 2016.

During her appeal trial in March 2017, Al-Balawi pardoned her and decided not to demand blood money, but Masamah still had to serve the remaining two and a half years of her prison sentence.

She was released from prison in January and stayed at the consulate general’s shelter until she was cleared to leave and return to Indonesia in March.

Al-Balawi and his wife’s visit came after the execution of an Indonesian national who had been working as a driver, Muhammad Zaini Misrin on March 18 after a court has found him guilty of murdering his employer in 2005. The news of Misrin’s execution caused a national outrage.

The Indonesian government said they didn’t received notification prior to his execution and said that the execution was untimely as Misrin was undergoing another legal avenue to have his case reviewed.

Saudi ambassador to Indonesia, Osamah bin Mohammad Al-Shuaibi said the Saudi authorities had done their part to inform the Indonesian embassy about Misrin’s execution including a notification on the day of the execution before it was carried out.

“What we need to do now is inform those who want to visit Saudi Arabia about the law and that they have to follow the rules in Saudi Arabia. It is our duty to explain to them,” Al Shuaibi said.

“We have to respect the laws in our respective countries,” he added.

Hidayat said there are 20 Indonesians on death row in Saudi prisons and Indonesian officials in Saudi Arabia were making sure that their legal rights were met.

“But it would not annul the crimes that they committed,” he added.

This article has been expanded from its original version in Arab News

Indonesian LGBT community wins respite from criminalization

The lesbian, gay, bisexual and transgender (LGBT) community in Indonesia can breathe a sigh of relief, at least temporarily, as the House of Representatives has put on hold for the next few months the passage of revisions to the Criminal Code which include articles that would criminalize gay sex and extramarital sex.

Teuku Taufiqulhadi, a member of the House of Representatives’ working committee deliberating the bill, said the revisions were almost final but some articles required approval from different factions in Commission III, which oversees legal affairs, justice, human rights and security.

The bill was previously scheduled to be passed into law through the House’s plenary session in February but was sidelined after a public outcry over several controversial articles, as lawmakers and government were finalizing the 12-year deliberation to amend the penal code originally written by the Dutch during the colonial era.

“We are giving more time in the next two or three months for the public to provide feedback on the bill to us,” said Taufiqulhadi, a legislator from the National Democratic Party.

The most recent feedback came from the Indonesian Muslim Intellectuals Association (ICMI). They met lawmakers earlier this month to convey their recommendations and urged the parliament and President Joko Widodo to soon enact regulations that could criminalize and contain deterrents to LGBT activities. They also recommended that homosexuality should be categorized as a mental illness.

“Adulterers, lesbians, gay men and other deviant sexual activities should be severely punished, as well as those who advocate, facilitate, provide funding or groups that take economic and political advantage from the deviant sexual behavior,” Sri Astuti Buchari, a deputy chairwoman at ICMI said during a discussion on Apr. 6.

She also called for greater cooperation to block pornography and LGBT channels on social media platforms and the internet.

Some of the most controversial articles in the bill, known by its acronym KUHP, are those regulating general morality. The articles included an expanded definition of adultery and gay sex between consenting adults, with heavier sentences for violations. The revisions, which will seek a five-year prison term for adultery and one year for couples accused of cohabitation, were made following request from the Indonesian Council of Ulema (MUI) and a mounting push from religious conservative groups.

Under the current Criminal Code, consensual same-sex relations are not treated as crimes, except in Aceh where the province has a special autonomy to impose shariah law.

An article that previously only criminalized only paedophiles has been expanded to also criminalize all gay sex between consenting adults.

“We continue to push for the removal of the specific mention of sexual orientation in the proposed article. As long as the sex is non-consentual or with a minor, it should be enough to constitute a crime,” said Anggara, the executive director of Jakarta-based rights advocacy group Institute for Criminal Justice Reform (ICJR).

The morality articles have been criticized for meddling too much in citizens’ private lives and creating potential of new crimes at a time when law enforcement agencies are already overwhelmed and understaffed in the face of more pressing offenses such as drugs, human trafficking or terrorism. Correctional facilities are also bursting at the seams with overpopulation.

Arsul Sani, a legislator from the Islamic-based United Development Party (PPP) and member of the working committee vetting the bill, defended the expanded definition of adultery to include gay sex and extramarital sex, saying it reflected the people’s philosophical, social and cultural values.

Sani said in February after the House plenary session that the proposed morality article would prevent ‘street justice’ or people taking matters into their own hands to harass those engaged in sexual activity they disapproved of, even if it is between consenting adults.

“It is necessary to expand the fornication article to not just criminalize adultery between members of the opposite sex but also between those of the same-sex,” he said.

“It was first proposed three years ago. Why make a fuss about it now when the bill is about to be passed into law?” he added.

Dede Oetomo, a Surabaya-based gay rights activist, acknowledged growing anxiety in the community over the rising hostility encountered in recent years, in contrast to the tolerance seen in the past.

Oetomo, an adviser to gay rights advocacy group GaYa Nusantara, said that the community had been optimistic that tolerance towards them would prevail, especially after President Joko Widodo was elected in 2014, as they believed he would push for greater democratization.

“We had big expectations because he is not from the old regime or a former military man but apparently we were wrong,” Oetomo said.

“Even before this talk about the proposed LGBT clause in the revised draft of the penal code, we have continued to encounter growing verbal and physical hostility since mid 2015,” he said, noting that the worrying trend coincided with the growing clout of religious conservatives in Indonesia.

Despite the unfavorable outlook, Oetomo said LGBT people continued about their regular daily lives and to hope they would not encounter harassment by police or intolerant groups.

In October, police officers raided a gay sauna in Central Jakarta and apprehended 51 men including seven foreigners, only to release most of them on the following day, while five employees were prosecuted for providing prostitution and pornography. It followed a raid in May in North Jakarta on a shophouse where gay men were gathering at a sauna. Police arrested 141 men but 126 were released the next day while 10 were prosecuted for violations of the 2008 anti-pornography law.

Surveys carried by Jakarta-based pollster Saiful Mujani Research and Consulting paint a mix picture of public opinion in the world’s largest Muslim majority country, and one long seen as moderate and tolerant.

In a poll taken in March 2016, 47.5 percent of respondents who know or have heard about LGBT agreed that same-sex relations are forbidden by religion while 34 percent said they totally agreed with that view.

But in surveys taken in September and December last year, a large majority of the 1,220 respondents saw the LGBT community as a threat. In the December survey, 87.6 percent said they felt threatened by LGBT people, up from 85.4 percent in September.

More than half of the respondents, or 53.3 percent, said they could not accept if a member of their families was gay and 79.1 percent objected to having LGBT people as neighbors.

However, 57.7 percent of the respondents also acknowledged that LGBT people have the right to live in the country and 50 percent agreed the government should ensure that LGBT people’s rights are protected.

“The majority of citizens also object if a LGBT person becomes a government official, such as mayor, governor, or president,” said Ade Armando, the director of the polling firm.

“Even though the public views the LGBT people negatively and is being discriminative by refusing to support them to become public officials, the public does not discriminate when it comes to LGBT people living as regular citizens,” Armando added.

The article was first published in the Bangkok Post

 

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.

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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.

Indonesia’s anti-drug chief wants ghosts as prison guards

Frustrated by rampant drug trade in prisons, Indonesia’s anti-drugs chief has suggested that jails be guarded by ghosts because they cannot be bribed, reports said Wednesday.  Continue reading “Indonesia’s anti-drug chief wants ghosts as prison guards”