Defendant dares witness to take religious oath

JAKARTA (JP): Defendant Nasir Salim, 49, challenged a witness at a Central Jakarta District Court hearing on Tuesday to go through a sumpah pocong death-warranted oath following her conflicting statement in the previous court hearing.

"If you feel you are telling the truth, do you dare take up a sumpah pocong?" Nasir told witness Asniati, who testified in a previous hearing that she saw the defendant sexually molesting Yayan Yulianti, a female migrant worker, in a drunken stupor on March 11, 2000.

Nasir has been charged with physical abuse and sexual molestation of two prospective female migrant workers, including Yayan.

Sumpah pocong is a traditional Muslim oath which will put whosoever takes the oath under a death penalty by God if he or she is lying.

Asniati, sitting in the audience on Tuesday, responded: "I will be glad to take the oath, as long as you take it with me. I'm sure that I will be left unscathed, and you will be the one to die."

Prosecutor Abdul Kadir Latief had earlier demanded the court sentence Nasir to one year in prison for his alleged violation of Paragraph 1 of Article 351 of the Criminal Code on physical abuse, which carries a maximum of two years and eight months in prison.

In his response to the prosecutor's demand, Nasir said on Tuesday that Asniati had worked in collaboration with his sister, Fathia Salim, and had given false testimonies before the court.

"Fathia hired Asniati to spy on me and give false testimonies about me," Nasir told the hearing, presided over by judge Hoepojo.

Nasir also demanded that the court bring Yayan, who is currently working in Saudi Arabia as a migrant worker, to testify before the court.

As reported earlier, Nasir had not only sexually molested Yayan, but also physically abused migrant worker Iis binti Kanda, in a drunken stupor on March 11, 2000.

"In his drunkenness, Nasir forcibly ordered Yayan to give him a massage at 10:30 p.m. on March 11, during which he fondled her breasts, buttocks, thighs and genitalia," prosecutor Abdul told an initial hearing, presided over by judge Hoepojo.

"Later that night, as witnessed by several people, he banged Iis' head at least twice on the floor in rage."

At the time Yayan and Iis were living in a two-story all- female dormitory on Jl. Percetakan Negara X, Central Jakarta, owned by PT Dian Karya Trampil, a labor export firm chaired by the defendant's younger sister, Fathia Salim alias Patya.

Both victims are currently in Saudi Arabia, along with several witnesses who found work as migrant workers there.

In the case of false testimony, a person can be charged with Article 242 of the Criminal Code on false oaths. The Article carries a maximum punishment of nine years in prison for a criminal case and a maximum punishment of seven years in prison for a civil one.

The execution of sumpah pocong is held in a specific place and must be participated by the one who has asked for the oath to be taken, the one who takes the oath, the presiding judge of the case and the district court's administration officials.

The officials are normally told to make the official report on the oath taken. The report will be used as evidence in the concerning district court.

The request for the oath to be taken can be forwarded either by the plaintiff, the defendant or both.

The execution of sumpah pocong goes as follows:

The one who takes the oath is sworn by law first, before being wholly wrapped in his or her kafan (white cloth), with the exception of the face.

The person would then be told to lie on the ground in the chosen arena, and place his or her arms crossed on the chest, as they would be arranged when dead.

A religious chief of a subdistrict would then lift the holy Koran on top of the person's head and speak out the lines of the religious oath. The one who takes the oath then repeats each line of the oath, as spoken by the religious chief. (ylt)