Police chief says Ba'asyir has lost RI citizenship

Damar Harsanto and Sri Wahyuni, The Jakarta Post, Jakarta

Amid public doubts over the legal grounds for Abu Bakar Ba'asyir's detention, the police revealed on Tuesday that the Muslim cleric was technically stateless as he had failed to report to the Indonesian embassy in Kuala Lumpur during his self- imposed exile in Malaysia from 1985 through 1999.

National Police chief Gen. Da'i Bachtiar told the House of Representatives' Commission II on Tuesday that an extant law stipulates that a person can lose his or her citizenship if while residing overseas the person concerned fails to report to an Indonesian mission in the country of his or her residence.

"Ba'asyir has lost his (Indonesian) citizenship as he never reported his presence to the Indonesian embassy while he was in Malaysia," Da'i said.

Da'i was referring to article 17(k) of Law No. 62 of 1958 on citizenship, which requires an individual living overseas for five consecutive years or more to report to an Indonesian mission in his or her country of residence. A failure to do so results in the automatic forfeiture of Indonesian citizenship. This regulation does not apply to those who are on government appointment or a state mission.

Da'i's statement came as the police's legal defense told the South Jakarta District Court during the hearing of a lawsuit filed by Ba'asyir that the police had sufficient legal grounds to detain the Muslim cleric. The hearing will resume on Wednesday to listen to closing arguments by Ba'asyir's lawyers.

Ba'asyir is currently in police detention for his alleged role in a string of church bombings in December 2000, conspiracy to kill President Megawati Soekarnoputri, and violation of immigration laws.

It is yet to be determined how Ba'syir's stateless status will affect his legal standing.

Da'i brushed aside suggestions that his statement on Ba'asyir's citizenship status was designed to justify the latter's detention.

"We are also focusing on other legal actions against Ba'asyir for different offenses," he said.

Da'i stressed that the police had other witnesses and evidence in addition to Omar al-Faruq and the suspects being detained by the Singaporean and Malaysian authorities.

"We have Indonesian witnesses besides those in Singapore and Malaysia. But, we can't reveal their names for security reasons," said Da'i.

Meanwhile, Ba'asyir's lawyer, M. Mahendradatta, said Tuesday that the police would have to prove that Ba'asyir actually stayed in Malaysia for more than five consecutive years.

"We don't know for sure that he (Ba'asyir) never returned home during that prolonged period of time, do we? The police will have to be able to prove it. Otherwise, they (the police) will show themselves up as legal ignoramuses," he told The Jakarta Post.

Another of Ba'asyir's lawyers, Achmad Khalid, slammed the police claim as irrational.

"It doesn't make sense as Ba'asyir still has the ID card he obtained in Ngruki (Surakarta). That means that he is recognized as an Indonesian, doesn't it?" Achmad said.

Separately, Minister of Justice and Human Rights Yusril Ihza Mahendra said Ba'asyir's demands were "uncommon" and not in line with the Criminal Procedures Code (KUHAP).

"It is uncommon (in our legal system) for a suspect to set such conditions prior to police investigation," said Yusril.

Ba'asyir has demanded that the police apologize to Muhammadiyah and the Muhammadiyah Hospital in Surakarta, bring Omar al-Faruq to Indonesia, and release him from detention before he responds to police questioning.