Lilian Budianto , The Jakarta Post , Jakarta | Sat, 04/05/2008 12:44 PM | Headlines
The life sentence given to a traditional dance coordinator for waving a separatist flag in front of President Susilo Bambang Yudhoyono last year sparked criticism Friday, with a rights activist calling it excessive.
Asmara Nababan, a former secretary-general of the National Commission on Human Rights, said the panel of judges at the Ambon District Court failed to consider that the actions of Johan Teterisa were non-violent.
"The judges should have deemed his action more as a political aspiration than a life-threatening act," Asmara said. "He only waved an RMS flag, and did not carry a weapon."
RMS is the South Maluku Republic, a largely Christian separatist group.
In addition to finding Johan guilty, the court over the past two months convicted 19 other members of the traditional dance group of treason, sentencing them to between 10 and 20 years in prison.
State news agency Antara reported Johan broke into tears when the sentence was handed down. The panel of judges said they refused to show leniency toward Johan, an elementary school teacher, as he was sentenced for a similar offense in 2003.
The judges said Johan had been found to be the leader of the RMS in Aboru village in Central Maluku, having joined the group in 2002.
The June 29, 2007, incident was a major embarrassment for Yudhoyono, who was presiding over a ceremony to mark National Family Day in the Maluku capital, where religious violence between 1999 and 2001 claimed thousands of lives.
Asmara said the government had overreacted to the incident.
"The life sentence is too much. The government should have been more open-minded in settling the case. We already have too many political prisoners," he said.
Antonius Sujata, a former deputy attorney general, slammed the sentence, saying a life sentence was uncalled for in an episode that did not endanger the lives of others.
"The treason charge and the life sentence were emotional, political and nonsense," Antonius said. "The man only waved a flag and did not try to harm the President."
No separatists brought to trial for taking up arms in the rebellious provinces of Aceh and Papua in the past have been sentenced so harshly. Many Aceh rebels were released following the peace agreement that put an end to the decades-long conflict in the province. In Papua, many armed rebels have avoided trial by handing over their arms to security authorities.
Life sentence is the maximum penalty for treason under the Criminal Code.
The South Maluku Republic has waged a low-key, relatively non-violent independence movement for years. Security authorities have dismissed the group as a threat to national unity.
Makar (not verified) — Sun, 04/06/2008 - 9:08pm
Democracy? what democracy... according to Indonesian, Moluccan are less than human therefore they don't have rights. Human rights only for Javanese! What a sad country.
Rafiq Mahmood, Bogor (not verified) — Sun, 04/06/2008 - 8:46am
Whose side are the Ambon District Court on?
"The South Maluku Republic has waged a low-key, relatively non-violent independence movement for years." Now the court has given them a martyr and a focus point for argument and resistence; an invigorating transfusion for the movement by bizarrely having a flag waver jailed for life.
A sublime own goal.
LB (not verified) — Sat, 04/05/2008 - 7:03pm
Some guy gets life imprisonment for waving a separatist flag, while Eurico Guterres walks free. Once again a mockery is made of Indonesian law.
Mark Austin (not verified) — Sat, 04/05/2008 - 1:03pm
Ah, so much for International law and the right to seek self determination. Just more sick joke dirty linen for the RI; repugnant Indonesia. You (dirt at the top excepted) would have all been better off under Dutch rule.
Cyril (not verified) — Sat, 04/05/2008 - 11:26am
Com'on now, waving seperatest flags in the face of the president or insulting the glorious leadership of Indonesia. Doesn't get much worse than that.
I think a life sentence is pretty light really.
Should be the death penalty and a life sentence.
Territorial integrity and all that...
The Reader (not verified) — Sat, 04/05/2008 - 9:43am
the end of democracy.
you get less for killing in indonesia .
not exessive purelly ridiculus ,scandalous .
shameful
The Reader (not verified) — Sat, 04/05/2008 - 9:16am
In Indonesia, peaceful demo could result life sentence, while killing a high-court judge could result only a few years inside jail. What kind of law regulation is it in Indonesia?
Borsa — Sat, 04/05/2008 - 9:15am
Indonesian tribunals deliver incoherent sentences
In Indonesia, peaceful protestors who wave flags as a simple expression of their political opinion get 10 years up to life in prison.
Compare those sentences with that inflicted to Tommy Soeharto who served a minimal sentence in a comfortable jail after having ordered the effective assassination of a Supreme Court judge. And now notorious criminal Eurico Guterres is free and no-one of his fellow TNI officers put on trial for serious crimes in East Timor has been sent to jail. Some of them have even been declared heroes by prominent TNI generals.
This is a very strange 'democratic' country where expressing peacefully their political opinions is deemed a very serious crime whereas serial killing and torturing of peaceful civilians is seen with total leniency. These developments do not augur well for Indonesia's standing as a member of the UN Human Rights council.
Philippe Borsa
Noumea, New Caledonia
C man (not verified) — Sat, 04/05/2008 - 8:58am
absolutely "hog-wash".
Where is the dedication and commitment to free speech to all citizen?