http://www.theaustralian.com.au/national-affairs/jakarta-to-pass-laws-criminalising-people-smuggling/story-fn59niix-1225961724151

Jakarta to pass laws criminalising people-smuggling 

Peter Alford, Jakarta correspondent 
From: The Australian 
November 27, 2010 12:00AM 
A LAW criminalising people-smuggling should pass the Indonesian parliament next 
month. 

It will close the biggest legal loophole for gangs trafficking asylum-seekers 
into Australian territory.

The legislation creates a criminal offence of people-smuggling, imposing a 
minimum five-year jail term, with a 15-year maximum, tougher than the promise 
of up to five years that President Susilo Bambang Yudhoyono made to the 
Australian parliament in March.

News of the new legislation came as authorities intercepted the 122nd and 123rd 
asylum-seeker vessels to arrive in Australian waters this year.

The boats were picked up south of Ashmore Island and their 68 passengers took 
the total this year to 5930.

Indonesian police now can lay charges only under a general provision of the 
Immigration Law, carrying a maximum five years' imprisonment that is never 
applied to people-smugglers, or the Navigation Law.

Notorious Indonesian operator Abraham Louhenapessy, known as Captain Bram, was 
convicted on navigation offences but freed in March with a suspended sentence 
and Rp25 million ($2790) fine.
He had been caught by the Indonesian navy, after a direct request by then prime 
minister Kevin Rudd to Dr Yudhoyono, to halt a vessel with 250 Tamils that was 
destined for Christmas Island.

His release made a mockery of claims by the Howard government of a breakthrough

in Indonesia-Australia co-operation against people-smuggling when Louhenapessy 
was sentenced to two years in 2007 under the Immigration Act.

The new anti-smuggling provision, contained in a bill overhauling the 
Immigration Law, still allows for a fine instead of a jail term, which 
Australian officials would prefer to be dropped.

But the minimum fine increases 20-fold to Rp500m with a maximum Rp1.5 billion - 
closer to a real economic deterrent for smugglers at the Indonesian end of 
networks extending back to Afghanistan, Pakistan and the Middle East.

ADDITIONAL REPORTING: LANAI VASEK

Related Coverage
  a.. 100th boat under Labor's watch The Australian, 4 Oct 2010
  b.. New hope for SBY people-smuggling laws The Australian, 30 Jul 2010
  c.. Smugglers shipped east for court date The Australian, 10 Jun 2010
  d.. People-smuggling captain to get his vessel back The Australian, 16 Apr 
2010
  e.. People-smuggler evades prison sentence The Australian, 24 Mar 2010
.


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