Monday June 28

Indonesian police arrest Bali-linked terror suspect

 

Police in Indonesia have arrested a man for alleged links with a group involved in a number of terrorist bombings including the Bali bombings.Police have not named the man, however he is connected to a man arrested in January for allegedly planning to bomb the national police headquarters.The latest arrest was carried out on Sunday in Nusa Tenggara province.

 

A senior police spokesman said the suspect was connected with Suryana but his exact role in a number of plots was under investigation.

 

When Suryana was arrested, police said they hoped to gain information from him on the whereabouts of two fugitive Malaysian explosive experts being sought in connection with a number of Jemaah Islamiah related bombings, including the attacks on the Marriott Hotel in Jakarta and the Bali nightclubs.

 

Tuesday July 20

Terror case may spark Bali appeal

 

While a decision to overturn the anti-terror laws is considered by legal experts as unlikely, Wirawan said he was confident the court would rule on the merits of the legal argument and not because of government and international pressure to uphold the tough Bali verdicts.

 

Amroziíslegal team believed criminal laws carrying a maximum penalty of 20 years in jail should have been used

 

Indonesia's Supreme Court rejected an appeal lodged by Amrozi in January, confirming an earlier rejection by the Bali High Court.

 

The anti-terror laws apply to anyone found to have funded, assisted or distributed weapons, explosives or ammunition for terrorist attacks, as well as those involved in planning or facilitating the operation.

 

 

 

 

 

 

 

Saturday July 24

 

Bali bomb convictions still stand despite new ruling

 

Convictions against the Bali bombers still stand despite a ruling by Indonesia's top court that the law on which the verdicts were based is unconstitutional.

 

"The Constitutional Court ruling does not apply retroactively either," the court's chief judge Jimly Asshidiqie said, when asked about the implication of the court's ruling on the Bali convictions.

 

Asshidiqie is the chief of a nine-member panel of judges at the court which ruled Friday that a subsidiary law which made the main anti-terror law retroactive -- to cover the Bali attack -- violated the constitution.

 

The ruling was in favour of Masykur Abdul Kadir, who challenged the retroactive use of the law when appealing against a 15-year jail term for helping the bombers.

 

Justice Minister Yusril Ihza Mahendra backed the chief judge, saying, "all legal actions taken in the Bali case, especially those which already have permanent legal force, still stand."

 

"As for cases which are still in court or in the appeal process, we leave it to judges to consider," he said.

 

In their five-to-four ruling on Friday, the judges found one of the provisions in the constitution stipulates that "the right not to be tried under a law with retrospective effect" is an inalienable human right.

 

Indonesia is also preparing to put Islamic cleric Abu Bakar Bashir on trial again. Police say they have new evidence that he led the Jemaah Islamiyah terror group, which is blamed for a string of attacks, including the Bali blasts and the Marriott hotel bombing which killed 12 people in Jakarta last August. One of the cleric's lawyers said he should be freed.Mahendra said prosecutors could revise prosecution against Bashir by applying provisions in the criminal code.

 

 

 

 

 

 

 

 

 

 

 

Monday July 26, 03:12 PM

 

Anti-terror laws dumped for new Bali cases

 

 

Indonesian police will not use anti-terrorism legislation to prosecute five new Bali bombing suspects, after a court ruled last week that it is unconstitutional to do so.

 

The Indonesian Government rushed through tough anti-terrorism decrees, which were later formalised into law, a week after the Bali bombings.

 

The legislation was made retroactive to cover the attack, but the Constitutional Court ruled that the retroactivity was unconstitutional. Inspector General I Made Mangku Pastika, who led the hunt for the Bali bombers, said he still expects to get convictions using other legislation. Indonesia's Koran Tempo newspaper quoted Inspector General Pastika as saying: "We will now use the penal code or the emergency laws. I do not think there is a problem".

 

The court's Chief Judge, Jimly Asshidiqie, has said all Bali convictions would stand because the new ruling could itself not be made retroactive.

 

Defence lawyers say it provides grounds for appeal, including by those facing execution.

 

"All legal actions taken in the Bali case, especially those which already have permanent legal force, still stand," Justice Minister Yusril Ihza Mahendra said on Saturday."As for cases which are still in court or in the appeal process, we leave it to judges to consider."

The five new suspects were arrested at Sukoharjo in Central Java on June 30 and have since been moved to Bali. Police say one had attended planning meetings for the nightclub bombings while the four others, including a Malaysian, are suspected of helping to hide the first suspect.

 

The only Bali suspect currently on trial is Jhoni Hendrawan, also known as Idris.

He was also charged under the anti-terrorism law but the case was moved to Jakarta because of his alleged involvement in the Marriott hotel bombing in the capital last August. That attack killed 12 people and was also blamed on JI.

 

Idris is accused of attending several meetings to plan the Bali attack and with surveying targets. He is also accused of detonating a bomb, which did not claim any casualties, near the United States Consulate on October 12.

 

 

 

Trial prosecutor Tubagus Arief Aziz said he would continue with his sentence recommendation when the hearing resumes at South Jakarta district court on

Tuesday. "If I understand it correctly, nothing has changed for this trial. The Constitutional Court verdict only affects cases which have not been tried yet," Mr Aziz said. He said the ruling does not apply to ongoing trials.

 

 

Tuesday July 27, Bali victims slam court ruling

 

Indonesian victims of the Bali bombings have joined Australian families in slamming a court ruling that puts dozens of verdicts under a cloud as police charged four men with fresh terror offences.

 

Prosecutors also opted to use now questionable anti-terror laws for the only Bali suspect currently on trial, Jhoni Hendrawan, alias Idris, asking for 10 years' jail during a court appearance.

 

Indonesia's powerful Constitutional Court last week threw the Bali trials into chaos with a ruling that new anti-terrorism laws used to convict the plotters last year were invalid because they were applied retrospectively.

 

Legal experts are divided over whether it will affect the 25 Bali trials already completed and several cases still in process, including an upcoming trial for radical cleric and suspected Jemaah Islamiah spiritual leader Abu Bakar Bashir.

 

But Bali police chief Made Mangku Pastika said four men arrested in Solo, central Java, earlier this month would likely face trial under the anti-terror laws for hiding several of the Bali suspects.

 

A fifth would be charged with carrying a handgun in violation of emergency laws in place since 1951, he said.

 

"For the Bali bombing cases that have been sentenced by the courts it's no problem," Pastika said.

 

"For those who are still under investigation, we will adjust the evidence to use existing laws." Indonesia's government insists the bombers will not go free.

 

 

 

 

 

 

 

Those Accused or convicted

 

Main Perpetrators

Sentence Requested

Final Ruling

Imam Samudra alias Abdul Azis

Death

Death**

Amrozi bin Nurhasyim

Death

Death **

Ali Imron alias Ale

20 years

Life*

Muchlas alias Ali Gufron

Death

Death*

Mubarok alias Hutomo Pamungkas

Life

Life*

Suranto Abdul Ghoni alias Umar Alias Wayan

Life

Life

Sawad alias Sarijo alias Zaenal Abidin

Life

Life

Accomplices

Masykur Abdul Kadir

15 years

15 years

Silvester Tendean (chemicals shop)

9 months

7 months

Thoriquddin alias Abu Rusydan alias Hamzah

9 years

3 years 6 months

Idris alias Jhoni Hendrawan

10 years

Not yet sentenced

Sudigdoyo alias Sudiq alias Dwi bin Muryoyo

10 years

6 years

Serang Group

Abdul Rauf alias Sam

18 years

16 years

Andri Ocktoavia alias Yudi

18 years

16 years

Andi Hidayat alias Agus

18 years

15 years

Junaidi alias Amin alias Engkong

18 years

15 years

Solo Group

Hernianto

20 years

12 years

Herlambang alias Lambang

10 years

6 years

Muh.Musyafak alias Abdul Hamid

10 years

7 years

Muhamad Najib Nawawi alias Nadjib

10 years

7 years

Ahmad Budi Wibowo

7 years

4 years

Makmuri alias Muri

10 years

7 years

Bambang Setiono alias Saiful

9 years

7 years

East Kalimantan Group

Mujarod alias Muhammad Rusdi bin Salim

7 years

5 years ***

Muhammd Yunus bin Samijah bin Karim

10 years

7 years

Syamsul Arifin alias Ilham in Abdul Mutholib

3 years

3 years

Eko Hadi Prasetyo bin Sukastopo alias Amin

6 years

4 years 6 months***

Sofyan Hadi alias Bejo alias Bae bin Niti

7 years

6 years

Puryanto bin Yatimin alias Hartono alias Pak De

7 years

4 years 6 months***

 

 

 

Sirojul Munir bin Achmad Asmuni

6 years

4 years

Imam Santoso alias Eko Suparman

7 years

4 years 8 months ***

Firmansyah bin Edi Harun

7 years

4 years ***

Hamzah Baya alias Soleh bin Bakir

8.5 years

6 years***

Sukastopo bin Kartomiharjo

3 years

3 years***

Muhajir bin Amin

7 years

4 years

Ahmad Roihan alias Sa'ad alias Mat Kucang†††††††††††† Legal status not yet clear

Rudi Hermawan alias Ali†††††††††††††††††††††††††††††††††††††††††††† Legal status not yet clear

Muhamad Fadli††††††††††††††††††††††† ††††††††††††††††††††††††††††††††††††Legal status not yet clear

 

* Appeal at the Supreme Court ** Appeal Denied*** Appealed for pardon from President Megawati