Ba'asyir's conviction<\/p>\n
Whatever others may say about it, here in Indonesia the trial
\nand subsequent conviction on Thursday of Abu Bakar Ba'asyir to
\n30 months' imprisonment for partaking in the \"evil conspiracy\"
\nthat culminated in the Oct. 12, 2002, Bali nightclub bombings is
\nlikely to remain a topic of heated contention for a long time to
\ncome.<\/p>\n
On one side of the divide are those who believe in the
\ncleric's guilt, or at least in his role in the Jamaah Islamiyah
\norganization and in his capability to incite violence, while on
\nthe other side, his blindly devoted followers and others believe
\nthat justice should be meted out impartially and objectively, no
\nmatter what -- which, in the absence of convincing proof, they
\nbelieve the court has done.<\/p>\n
Apart from touching on some of the most fundamental,
\nuniversally recognized principles of justice, Ba'asyir's case
\nthus personifies the precarious position that Indonesia -- as the
\nworld most populous Muslim nation -- occupies in the global tug-
\nof-war between the fight against terror and the principle of
\nequality before the law. In the final instance, at stake is the
\ndirection in which the nation's efforts at judicial reform and
\nits democracy are headed.<\/p>\n
In the meantime, the past few years of police efforts have
\nproven that the aging cleric is not an easy fish to catch. To
\nbriefly recall Ba'asyir's embroilment with the law after his
\nreturn from self-exile in Malaysia after the fall of the New
\nOrder regime in 1998:<\/p>\n
Police arrested Ba'asyir on Oct. 19, 2002, just a week after
\nthe Bali nightclub attacks, for alleged involvement in terrorist
\nactivities across the country, including the December 2000
\nChristmas Eve church bombings and involvement in a plot to
\nassassinate then president Megawati Soekarnoputri.<\/p>\n
He was officially detained on Nov.2 of that same year and went
\non trial in April the following year. Though charged on several
\ncounts, including a 1999 plot to assassinate then vice president
\nMegawati, the Central Jakarta District Court only managed to hand
\nhim a four-year prison sentence for document fraud and
\nimmigration violations. In November 2003, the High Court reduced
\nthat sentence to three years, a ruling that the Supreme Court
\nfurther reduced in March 2004 to 18 months' imprisonment.<\/p>\n
Ba'asyir, however, did not savor his newly gained freedom for
\nlong. Just moments after his release, police once again arrested
\nthe cleric, this time on charges of terrorism. The clashes that
\nresulted left more than 100 Ba'asyir followers injured. On
\nOct.16, formal charges of masterminding the Bali bombings were
\nmade against the 67-year-old cleric. The rest, as they say, is
\nhistory.<\/p>\n
Opinions, meanwhile, remain sharply divided, not only here at
\nhome, but also abroad. The Australian foreign minister, Alexander
\nDowner, for example, was quick to express his disappointment over
\nwhat he considered to be a too lenient verdict. A spokesman of
\nthe U.S. embassy in Jakarta, Max Kwak, conveyed similar
\nsentiments, though it must be noted that both also expressed
\ntheir respect for the independence of the Indonesian judiciary
\nand the conviction.<\/p>\n
The same divide seems to exist to some extent among
\nIndonesians, with those who consider Thursday's court verdict
\nlenient, fearing that it might encourage more acts of violence in
\nthe future, pitted against those who call the verdict unfair and
\nunfounded. After all, the court's reliance on a sworn testimony
\nbased on an overheard conversation, appears weak to say the
\nleast.<\/p>\n
Nevertheless, the fact that Ba'asyir and his lawyers could so
\neasily have evaded the more serious charges of terrorism provides
\nplenty of room for thought, particularly regarding the country's
\njudiciary. Eight charges were laid out by the prosecutors against
\nthe cleric. The bench regarded just one -- the subsidiary charge
\nof involvement in an evil conspiracy to cause an explosion that
\ncaused death and endangered the lives of others -- as proven, and
\neven that claim is suspect.<\/p>\n
The Abu Bakar Ba'asyir court saga, of course, is not over at
\nthis point. The aging cleric has made it clear that he will
\nappeal the verdict.<\/p>\n
In the meantime, the Indonesian government, its national
\nlegislature and its judiciary had better work hard toward
\nestablishing a more effective and more elucidated means of
\nensuring national security, all in full adherence to the law and
\nthe Constitution. The nation's security must be protected, but
\nwithout resorting to the authoritarianism of the past.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/baasyirs-conviction-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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