http://www.theaustralian.com.au/politics/jakartas-smuggle-law-years-away/story-e6frgczf-1225839789182
Jakarta's smuggle law years away Stephen Fitzpatrick and Mark Dodd From: The Australian March 12, 2010 12:00AM INDONESIAN President Susilo Bambang Yudhoyono's promise to introduce laws punishing people-smuggling with five-year jail terms was largely for political effect and could be years from being passed, it was claimed yesterday. The proposed penalty backs down significantly from the 10-year sentences Australia believed as recently as late last year to be on the table. Addressing the Australian parliament this week, Dr Yudhoyono said his government would "soon introduce to parliament a law that will criminalise those involved in people-smuggling (and) those found guilty will be sent to prison for five years". However, the laws - which the President first proposed in 2008, during a trip by Kevin Rudd to Bali - are only at the drafting stage, which would then be followed by a lengthy passage through a potentially hostile parliament. Foreign Minister Stephen Smith admitted yesterday he had been given no timetable for the legislation, but said he accepted it would be "subject to (Indonesia's) parliamentary process". The proposed five-year jail terms backtrack on 10-year sentences suggested in December to Home Affairs Minister Brendan O'Connor and Australian Federal Police Commissioner Tony Negus, during a trip to Jakarta. Mr O'Connor told The Australian at the time the mooted sanctions were "a very welcome sign . . . they mentioned between five and 10 years, which I think is a really significant thing, specifically in relation to people-smuggling offences". Doubts over Indonesia's move came as the 23rd asylum-seeker vessel to be apprehended in Australian waters this year was yesterday 220km northwest of the Tiwi Islands, near Darwin, after experiencing engine failure, according to a spokesman for Mr O'Connor. Its 26 Afghan passengers brought to 1078 the number of asylum-seekers apprehended this year, along with 58 mostly Indonesian crew. Under current Indonesian law, prosecutions for unlawful attempts to reach Australia by sea are usually conducted under immigration, maritime or administrative laws. Repeat offender Abraham Louhenapessy, also known as Captain Bram, is currently being tried under maritime law for being in charge of a boat carrying about 250 Sri Lankans that was intercepted by Indonesia's navy on Mr Rudd's request last October. That boat remains at the dock at Merak, in western Java, with its occupants refusing to leave until Australia offers them resettlement. But with no possibility of being charged for people-smuggling, Mr Louhenapessy is likely to receive only a small fine for sailing with incomplete paperwork, and will be allowed to return to his native Ambon island. A presidential instruction issued in January, providing details of the policy agenda for every ministry in Dr Yudhoyono's government, makes no mention of any new people-smuggling legislation, despite the President's announcement on Wednesday. Justice Minister Djoko Suyanto, asked recently what his own department's priorities were, replied that in line with the presidential decree "eliminating corruption" was key. Any people-smuggling legislation must first be drafted by Mr Suyanto's department. After that, public submissions will be called and a revised version of the draft law will be submitted to Indonesia's parliament for consideration. Parliament will then seek its own public submissions before finally voting on the bill. Dr Yudhoyono's Democratic Party is well short of a majority in the 560-seat legislature, and only last week suffered a bruising defeat when most of its coalition partners voted against it in a process that could ultimately lead to presidential impeachment. Politics lecturer Baiq Wardhani, from Surabaya's Airlangga University, yesterday described Dr Yudhoyono's promise during his parliamentary address in Canberra as "diplomatic sweet talk" designed to impress Australia. Dr Wardhani, an international relations expert with postgraduate degrees from Monash University, said talk of criminalising people-smuggling had arisen "only because the President went to Australia . . . within the government itself, it's never thought about seriously. "They concentrate more on strange laws such as the anti-pornography law, things that aren't really important," Dr Wardhani said. "I see it as only a mention of something without action being forthcoming." Related Coverage a.. Five years jail for smugglers Perth Now, 1 day ago b.. Indonesia to jail people-smugglers The Australian, 1 day ago c.. A refreshingly frank address The Australian, 1 day ago d.. A 'fair dinkum' deal on terrorism Daily Telegraph, 1 day ago e.. Indonesia to criminalise people smuggling Adelaide Now, 1 day ago
