The Ba'asyir verdict<\/p>\n
As could have been expected given the strains and pressures
\nthat preceded it, the decision that was read out in the Central
\nJakarta District Court on Tuesday did not please everyone -- or,
\nto be more precise, it probably pleased no one. Nevertheless, in
\nits own manner, the lengthy text that contained the controversial
\ndecision can be regarded as having some merits of its own in the
\nfight against international terrorism.<\/p>\n
As has been widely reported both here and abroad, that
\ndecision, in a nutshell, was to acquit the Muslim cleric Abu
\nBakar Ba'asyir of charges that he had led and organized Jamaah
\nIslamiyah (JI), that shadowy group labeled a \"terrorist
\norganization\" by the UN, in an attempt to overthrow the
\ngovernment through a series of bomb attacks in Indonesia, and of
\nplotting to assassinate the then Indonesian vice president,
\nMegawati Soekarnoputri.<\/p>\n
Still, the panel of five judges pronounced him guilty of
\naiding and abetting treason by supporting the organization's aim
\nof establishing an Islamic state in Indonesia. The judges also
\nfound him guilty of minor immigration violations and sentenced
\nthe frail and aging cleric to four years in prison. Unlike the
\nsame court's ruling against the Speaker of the House of
\nRepresentatives, Akbar Tandjung -- who was pronounced guilty and
\nsentenced to three years in prison but let free pending a court
\nappeal -- Ba'asyir's sentence was set to be effective
\nimmediately. The prosecution had asked for 15 years. Ba'asyir
\nimmediately stated that he would appeal the decision while the
\nprosecution said it was considering an appeal.<\/p>\n
It is not surprising that different parties have since
\nexpressed their disappointment at the decision -- for different
\nreasons. Some observers are of the view opined that the sentence
\nis too lenient. Others viewed it as being politically engineered,
\na groundless decision.<\/p>\n
If the prosecution could have proved beyond any reasonable
\ndoubt that Abu Bakar Ba'asyir was indeed the leader of JI, and
\nthat JI was responsible for the Bali bombings last October that
\nkilled 202 people, the JW Marriott Hotel attack on August 5, and
\nthe 2000 Christmas eve church bombings, then indeed the sentence
\nis too lenient.<\/p>\n
The fact, however, is that the police failed to prepare and
\npresent convincing evidence and credible witnesses, and that
\nconsequently the prosecution, resting its case largely on the
\ntelevised testimony of JI suspects detained in Malaysia and
\nSingapore, failed to build a strong case out of the data
\npresented.<\/p>\n
Two key witnesses, Omar al-Faruq, allegedly a senior operative
\nof al-Qaeda, and Hambali, who is said to be a key link between JI
\nand Al Qaeda, were not available for the prosecution for
\ntestifying as both are currently detained by the U.S. government
\nand held in some unidentified locations.<\/p>\n
The question now is, is this a setback for the Indonesian
\nfight against terrorism? Contrary to international perception,
\nseemingly it is not. After the Bali bombings of October 12, 2002,
\nIndonesia has in fact made some progress, transparent for the
\nwhole world to see.<\/p>\n
With its under-equipped personnel and limited capacity and
\nnot-so-professional force, the Indonesian police have arrested
\nmany suspects in a relatively short period of time. Many of them
\nhave been brought to court, either as defendants or as witnesses.
\nSome have been convicted, whether convincingly or otherwise.<\/p>\n
We are yet to see similar progress made in the wake of the
\nSeptember 11, 2001, terrorists attack in the United States of
\nAmerica, which occurred almost two years ago. Despite its mighty
\nsuperpower resources, and after having invaded two countries,
\nAfghanistan and Iraq, presumably to find those who were
\nresponsible for the Sept. 11 terrorist attacks, the U.S. has yet
\nto prosecute and bring to court those who are responsible.<\/p>\n
Considering the weakness of the Indonesian legal system, its
\nhighly politicized nature and notoriously corrupt personnel, last
\nTuesday's verdict can serve as a strong signal that Indonesia
\nwill not tolerate terrorism by radical groups in this country.
\nThis nascent democracy does not need any backlash from the U.S.
\nand its allies. What it does need is honest global cooperation in
\nits war against terrorism.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/the-baasyir-verdict-1447899208",
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"sponsor": "Okusi Associates",
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