Defendant dares witness to take religious oath

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)