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Govt still vague on Ba’asyir release

The early release of Abu Bakar Ba’asyir, a firebrand cleric and terrorism convict, from Gunung Sindur prison in Bogor, West Java, remains unconfirmed with the government uncertain over the legal mechanism through which the 80-year-old cleric will be released

The Jakarta Post
Jakarta
Tue, January 22, 2019

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Govt still vague on Ba’asyir release

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he early release of Abu Bakar Ba’asyir, a firebrand cleric and terrorism convict, from Gunung Sindur prison in Bogor, West Java, remains unconfirmed with the government uncertain over the legal mechanism through which the 80-year-old cleric will be released.

Ba’asyir is not eligible for a conditional release, despite having served two thirds of his prison sentence, because he has refused to sign a letter of loyalty to the state ideology Pancasila — a special requirement for all terror convicts.

It is unclear whether President Joko “Jokowi” Widodo will pardon the cleric or merely approve a request for a conditional release on humanitarian grounds, but Yusril Ihza Mahendra, Ba’asyir’s lawyer, has argued that Jokowi could simply ignore the legal basis or change the prevailing regulations to allow for the unconditional release of Ba’asyir.

Coordinating Political, Legal and Security Affairs Minister Wiranto, however, said the government would take its time in resolving the matter.

“Of course other aspects need to be taken into consideration, such as Pancasila, laws and so on. The President has said we should not rush to make a final decision. The President has also instructed relevant officials to study the matter thoroughly,” Wiranto said on Monday at his office after a meeting with Jokowi at the Bogor Palace.

Ba’asyir, the spiritual leader of terror group Jamaah Islamiyah, has been in prison for eight years after being sentenced to 15 years by the South Jakarta District Court in 2011 for funding a military training camp for terrorists in Aceh.

He was also convicted for involvement in the 2002 Bali bombings, which killed more than 200 people. However, in 2006, the Supreme Court accepted his case review petition and acquitted him of all charges.

He has received treatment for chronic venous insufficiency, blood clots and varicose veins in his leg since 2017. Owing to his poor health, Jokowi made the decision to release Ba’asyir unconditionally, meaning he would not be required to sign a letter of loyalty to the state ideology.

Feri Ansari, a researcher at the Center of Constitutional Studies at Andalas University in West Sumatra, said that Indonesia had no legal mechanism for an unconditional release, pointing out that a possible mechanism would be to grant Ba’asyir parole so long as he fulfilled the requirement.

“There is no such thing as an unconditional release in our legal system. If a president allows any terrorist to be released unconditionally, the president could be considered to have betrayed the country and could be impeached,” he told The Jakarta Post on Monday.

“So if Jokowi wants to free Ba’asyir, it should meet the legal conditions,” Feri added.

Abdul Fickar Hadjar, a criminal law expert from Trisakti University, said the most plausible option to release Ba’asyir was to grant him parole.

He highlighted a clause that obliges terror convicts to pledge they will not commit criminal acts or be involved in terrorism, as cited in Article 43 of Government Regulation No. 99/2012.

“The [clause] is related to parole. So the mechanism should be parole,” he said, adding that pledging allegiance to the state ideology was merely an additional condition.

While experts believe that Ba’asyir’s influence among extremists has faded due to his illness and advanced age, with Aman Abdurrahman taking over as the leading purveyor of Islamic State (IS) movement propaganda, critics of Jokowi’s decision argue it could send the wrong signal regarding the development of extremist ideologies in Indonesia.

For Ba’asyir, Abdurrahman and like-minded ideologues, those who accept democracy are their enemies and therefore engaging in militant jihad is the highest duty of a pious Muslim.

Institute for Policy Analysis of Conflict director Sidney Jones said that Ba’asyir was an important figure in the extremist community, as he was regarded by all as a symbol of jihad, and that therefore his release would be welcomed by supporters of his ideology.

“His release will not strengthen terrorist groups in Indonesia, but it will send a bad signal that it will encourage those who reject democracy. It’s more ideological than active support for terrorism,” she said.

Terrorism expert Al Chaidar, who is also a former member of the radical group Islamic State of Indonesia, expressed a similar opinion, saying that as Ba’asyir was no longer affiliated with IS, the impact would be to the country’s legal system.

He said that if Ba’asyir was granted an unconditional release, more terrorism convicts would propose similar health concerns as arguments for their release, setting a negative precedent for law enforcement.

“Ba’asyir is a charismatic Indonesian jihad leader. If the government isn’t careful, his release could have very broad implications for the growth of terrorism in Indonesia,” Al Chaidar said. (ggq)

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