Susilo to seek Badawi's clemency
Fabiola Desy Unidjaja, The Jakarta Post, Jakarta
President Susilo Bambang Yudhoyono will request leniency from Malaysian authorities for an Indonesian migrant worker on death row when he meets Prime Minister Abdullah Ahmad Badawi on the sidelines of the Asia Pacific Economic Cooperation (APEC) Summit on Nov. 21.
Minister of Manpower and Transmigration Fahmi Idris said on Monday the President understood crimes could not be left unpunished, but the murder involving 22-year-old Herlina Trisnawati was not premeditated.
"Our target is to help her escape the death sentence. In his instruction, the President ensures that every Indonesian citizen facing legal problems abroad must be assisted," Fahmi said after a Cabinet meeting.
Malaysia's High Court (the lowest level of court for severe crimes) convicted Herlina last week for killing her employee Soon Lay Chuan on Aug. 14, 2001 and sentenced her to death.
Herlina hit Soon with a stone pestle after Soon reprimanded her for burning the food. Soon tried to fight back with a knife, but Herlina managed to grab it and stabbed Soon several times.
Her lawyer pleaded for temporary insanity, saying that Herlina was under high stress and was not fully aware of what she was doing.
However, the court rejected the plea and dismissed a suggestion for Herlina to see a psychiatrist.
The Indonesian Embassy, through the lawyer, appealed the verdict on Friday.
For the appeal hearing, the embassy would hire a new local lawyer, and has asked for the legal transcript of the hearings to find any loopholes in the verdict.
The embassy is also sending Herlina's parents to see her at the Malaysian penitentiary center upon her request.
It will be the Malaysian king who will decide whether to pardon Herlina, but the prime minister could give advice to do so.
Fahmi said to prepare the defense plea, Herlina's lawyer will be invited to Indonesia next week and meet her family to explain the ongoing legal process for Herlina.
"We are going to do what we can to have her sentence lowered because she did not commit premeditated murder," he said.
The Migrant Care non-governmental organization (NGO) joined in to pressure the Malaysian government to commute Herlina's death penalty, saying she was a victim of domestic violence in Malaysia.
"Unfortunately, the Malaysian media have always blamed foreign workers rather than looking deeper into the root of the problem," the NGO said in a statement.
It said domestic workers were also the least protected foreign working community as the Malaysia Employment Act does not provide any form of legal protection for them.
"Sentencing Herlina to death will not solve fundamental domestic violence problems because there are more than 300,000 Herlinas in Malaysia and there is a tendency of converting their grievous hurt in revenge against their employers," it said.