Ref: Seandainya Patek dinayatakan bersalah,  tidak berarti bahwa dia akan 
dihukum berat seperti para pengibar bendera Bintang Kejora di Papua dan Benang 
Raja di Maluku, hal ini  karena  Patek mempunyai banyak dukungan di kalangan 
petinggi negara  yang menganggap  Patek melakukan tugas illahi untuk  membasmi 
kaum kafir.

http://www.thejakartapost.com/news/2011/08/12/patek-may-get-lightly.html

Patek may get off lightly

Adianto P. Simamora and Irawaty Wardany, The Jakarta Post, Jakarta | Fri, 
08/12/2011 8:00 AM 

More than six months after his arrest in Pakistan, master bomb maker Umar Patek 
arrived under heavy security in Jakarta on Thursday where he will await trial.

Patek was, until his arrest, the target of an international manhunt for his 
involvement in a string of Christmas Eve attacks on churches in 2000, the first 
Bali bombing in 2002 and the SuperFerry 14 attack in Manila Bay, Philippines.

Patek and fellow suspected terrorist Dulmatin fled to Mindanao a year after 
allegedly helping mastermind the nightclub bombings in Bali. On April 2007, he 
reportedly evaded capture during a raid by Philippine troops at camps of a 
separatist group with alleged ties to al-Qaeda.

Patek had a US$1 million bounty on his head when authorities caught up with him 
on Jan. 25 in Abbottabad — the same town where Osama bin Laden was later killed 
in a secretive US commando attack four months later.

“Patek arrived at 7 a.m. this morning in Jakarta,” National Police chief Gen. 
Timur Pradopo said at the Presidential Palace prior to a Cabinet meeting.

He said Patek was being held at the Police Mobile Brigade detention center in 
Kelapa Dua, East Jakarta.

National Police spokesman Insp. Gen. Anton Bachrul Alam said authorities would 
charge Patek under the Criminal Code instead of the antiterrorism law, since 
the latter could not be applied retroactively.

Anton added that under the Criminal Code, police could charge Patek with 
premeditated murder. He said Patek would also be charged with violating the 
emergency law on explosives.

The antiterrorism law was previously used in the earlier trials of those 
involved in the Bali bombing, which killed 202 people, many of them foreign 
tourists, including 88 Australians.

A Constitutional Court decision on a judicial review on the law in June 2004 
ruled that the retroactive use of the law violated the Constitution.

The decision, however, does not automatically overturn the convictions of 
dozens of militants responsible for the first Bali bombing.

Under the law, convicted Bali bombers Amrozi, Ali Gufron and Imam Samudra were 
sentenced to death and executed together on Nusakambangan Island on Nov. 9, 
2008.

Indonesia’s antiterrorism chief, Ansyaad Mbai, told the Associated Press that 
because tough antiterrorism laws passed after the Bali blasts could not be 
applied retroactively, Patek would likely be charged with illegal possession of 
explosives.

Gadjah Mada University law expert Eddy Hiariej said he feared Patek could get 
off with a light sentence due the nature of the Criminal Code.

Eddy said prosecutors would likely charge Patek with premeditated crime. 
However, he said, articles on premeditated crime applied to crimes committed 
against an individual. Acts of terrorism, on the other hand, affect many people.

“The nature of terrorism is annihilation. It will be problematic to charge 
Patek under the Criminal Code,” he said.



Related News >> 
  a.. Comment: Patek ‘admits’ role in Bali bombing 
  b.. Manila to help Jakarta prosecute Bali bomb suspect 
  c.. Umar Patek will be tried under Criminal Code: Police 
  d.. Police confirm Umar’s arrival in Jakarta


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