Syukurlah, ada tempat untuk otokritik.
Yang di sini sangat kurang. Apalagi kalau urusannya konflik.

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Satrio Arismunandar
Sent: Wednesday, June 01, 2005 2:44 PM
To: ppiindia; AJI INDONESIA; jurnalisme; pantau; BA-depok; Begundal
Salemba; technomedia; warta-lingk
Subject: [jurnalisme] Media dan Masyarakat Australia Kekanak-kanakan....

Ini adalah artikel di suratkabar Australia, ditulis
oleh orang Australia, yang isinya mengritik media dan
masyarakat Australia.

Yaitu, tentang betapa tidak dewasa dan betapa
kekanak-kanakannya media dan masyarakat Australia,
dalam menyikapi hukuman 20 tahun terhadap Corby,
perempuan Australia penyelundup narkoba di Bali.

SElamat menikmati!
Satrio
=================================================


The Australian

June 1, 2005 Wednesday

A fair trial, but not in our media

By Paul Kelly, Editor-at-Large

Populist commentators are betraying the Bali bomb
victims with their hypocritical stance

THE media-induced campaign over the Schapelle Corby
case is counterproductive for Corby, damaging 
for our national interest and suggests an immaturity
in Australia that will rebound on us as a 
nation.

The problem begins with the popular media's assumption
of Corby's innocence. For many of the shock 
jocks this is a given. It is the key to the campaign
because once you assume a defendant is 
innocent, then Indonesia's legal system is guilty of
an outrageous injustice. The point, of course, 
is that the media doesn't know that Corby is innocent.
It has no justification whatsoever for this 
assumption. It is natural to be moved and feel sorry
at Corby's tragic plight. But it is 
irresponsible to decide that she is innocent and mount
a vast media campaign to this end.

The shock jock fall-back position is that Corby did
not get a fair trial, an impression created by 
the unwise comment of chief judge Linton Sirait that
"as far as I can remember in a drugs case I 
haven't yet set anyone free". Sirait also said he
wouldn't be influenced by crying and would decide 
"solely on the evidence".

For weeks, the University of Melbourne's Asian Law
Centre director Tim Lindsey has been warning that 
Corby's defence was weak on the evidence, despite the
absolute denial of the popular media. "This 
was always going to be a difficult case to defend,"
Lindsey told me. "It was very easy for the 
prosecution to establish a prima-facie case and it
would have been a prima-facie case anywhere.

"The Indonesian Customs officers said she was
reluctant to open the bag and that when it was opened 
and she was confronted she acknowledged the drugs were
hers. Now it may be the Customs officers are 
lying. But the defence case was always based on denial
and the judge had to make a call on the 'they 
said, she said' issue. It was entirely within the
bounds of the court to find the Customs officers 
were more convincing than the evidence by Schapelle's
friends and family. This is a perfectly 
understandable conclusion for the court to draw. The
claim that this is demonstrably an injustice is 
just foolish.

"This is not a situation of right and wrong. It is
about evidence in a court. If we abandon the test 
of evidence, then we go back to burning witches. For
people to say Indonesia's system has failed 
because they have a feeling Corby is innocent is Lindy
Chamberlain in reverse."

It is the weakness of the Corby defence that has led
to the claim of an unfair trial, a claim that 
is unsustainable. The next ploy of the popular media
was to blame John Howard and demand that he get 
her released. This is utterly futile. The Government
has leaned over backwards to help, doing things 
for Corby it has never done for other Australians on
drug charges. But Indonesia, a constitutional 
democracy as well as a proud nation, would never allow
Australia's leader to intervene in its 
judicial system.

It is inconceivable that Indonesia's President Susilo
Bambang Yudhoyono would approach Howard if the 
situation was reversed. Howard won't ring Yudhoyono
because, as he told Sydney radio station 2GB, it 
won't help Corby in the slightest. He told Australians
to respect the court's decision and not to 
make a judgment about it, and he was right. For 30
years, since the start of the East Timor saga, 
Australians have deluded themselves about our ability
to change domestic events in Jakarta. When 
will we learn?

The assumptions that underpin these Australian
attitudes are patronising and alarming. ANU Indonesia 
expert Greg Fealy says: "For a country that casts
itself as knowledgeable about Indonesia we have 
displayed ignorance and misunderstanding. There is a
sense in the popular sentiment that our 
approach is right and that Indonesia reflects a less
civilised country."

Corby is lucky that so far this hysterical media
campaign has not lodged in Indonesia's political 
system, but that is changing and it represents a more
serious threat.

Fealy warns: "The more this campaign becomes a
political issue in Indonesia, then the harder it will 
become for President Yudhoyono to grant a pardon at a
later date or to arrange a prisoner exchange."

Once anti-Australian sentiment ignites in the
Indonesian system the consequences for Corby will be 
even worse. All Australians have an interest in an
evidence-based judicial system in Indonesia, as 
the trial and convictions of the Bali bombers proved.
But the popular media's distortion of the Bali 
trials is the greatest travesty in this story.

This is the same court, the same judge and the same
procedure that convicted a few dozen of the Bali 
bombers and brought down death sentences against three
of them. Yet most of popular media not only 
ignores this but focuses on the light sentence given
to extremist cleric Abu Bakar Bashir as a 
device to manipulate public outrage.

Lindsey says: "The problem in the Abu Bakar Bashir
case was that the defence lawyers sliced up the 
prosecution evidence. He was deemed to be head of
Jemaah Islamiah but the difficulty lay in the 
evidence tying him to the bombing." Once again, the
case went on the evidence.

The media has erected a false comparison between the
Corby and Bashir cases. In the process it seeks 
to obliterate the prompt and punitive actions taken by
the Indonesian court against the bombers, an 
action that promoted a sense of public trust in
Australia. This is a betrayal of the Bali victims.

"The court ran the Corby trial in much the same way
that it ran the Bali bombers trial," Lindsey 
says.

"After the bombers were sentenced there were people in
this country saying they would like to pull 
the trigger. So we are now being totally hypocritical.
Australians can't have it both ways. We like 
the Indonesian courts when they convict our enemies
who are Asian but we won't accept it when they 
convict a white Australian woman. We're either
inconsistent or racist and the Indonesians see this. 
We love the court for the terrorists and we hate the
court for Schapelle Corby. This will do 
Australia a lot of harm."

As a nation Australia has badly mishandled the Corby
case and it has a long way to run. Corby has 
been let down by her legal team and a reckless popular
media. 





                
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