Australia's Prime Minister Scott Morrison and President Joko Widodo met at the ASEAN+ meeting in Singapore - Photo by President Office

JAKARTA (TheInsiderStories) – The Australian Government expressed a firm attitude towards the discourse of Abubakar Ba’asyir liberation by the Indonesian government. In his official statement, Prime Minister Scott Morrison hoped that the Indonesian government would show great respect for the family of Bomb Bali’ victim.

Morrison had contacted Indonesian authorities regarding the planned and he hopes that the efforts to liberate the radical group leaders are carefully considered based on existing legal instruments.

“Australians died horrifically on that night, and I think Australians everywhere would be expecting that this matter was treated with the utmost seriousness by our government, which it is,” he said on Monday (01/21).

He expect, Indonesia to show great respect for the family in followed the released of alleged Bali bombing mastermind Ba’asyir.

Previously, the radical Muslim cleric was convicted of terrorism charges in 2010 over links to militant training camps in Aceh province and jailed for 15 years.

In addition, he also involved in the 2002 bombing of Bali, were Australians was killed 88 of the more than 200 peoples victim, and Australia government has previously urged against leniency for Ba’asyir.

“We have been consistent always – governments of both persuasions over a long period of time – about our concerns about Ba’asyir. He should serve what the Indonesian justice system has delivered to him as his sentence,” he said.

Morrison stated that it was unusual for prisoners who had served two-thirds of their prison sentences to get parole. Therefore, he asked the Indonesian government to appreciate the counter-terrorism efforts that had been initiated by the two countries after the tragedy in Bali.

“We have been very clear about the need to ensure that as part of our joint counter-terrorism efforts – we have an excellent counter-terrorism partnership with Indonesia – that Ba’asyir would not be in any position or in any way able to influence or incite anything,” added by him.

Furthermore, Morrison also requested that the Indonesian government see the great impact of the tragedy so that the liberation efforts for humanitarian reasons became the basis of the government’s legal arguments.

“Let’s not forget that Bali bombing led to the deaths of Indonesians as well,” he noted.

Moreover, post the 2002 bombings spurred Indonesia to set up an elite anti-terrorism squad that receives funds and training from Australia and the United State.

Until current date, the liberation effort was approved by President Joko Widodo. Upon request and investigation through advocate Yusril Ihza Mahendra, convicted terrorist cases were declared able to be free even though they did not sign a statement of loyalty to the Pancasila, 1945 Constitution and Republic of Indonesia.

The points are listed in Article 84 letter d paragraph (1) and (2) Minister of Law and Human Rights Regulation Number 3 Year 2018.

So far, Mahendra asked President Widodo to settle Ba’asyir sentence in order to override the rules of giving parole on humanitarian grounds, namely because of his age and health.

Even though, according to legal experts, the president does have political authority in the law. Widodo can stipulate clemency, amnesty, or abolition in accordance with Article 14 paragraph 2 of the 1945 Constitution. It can all be given to convicts, including Ba’asyir. It means that he will get the abolition.

However, if referring to the 1945 Constitution (article 14 verse 2), this abolition can be given by the President by taking into consideration the Parliament’s considerations.

In Ba’asyir’s case, the government needs to detect health conditions which are the reason not to become a boomerang and a springboard for other legal cases.

Furthermore, the liberation of Ba’asyir is not yet clear whether using the mechanism of parole, abolition, clemency or amnesty, where it is free after pursuing criminal proceedings, free parole after serving two-thirds of the criminal period, and presidential pardon for humanitarian reasons.

Written by Daniel Deha, Email: theinsiderstories@gmail.com

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