Refl. Pasti hukuman untuk Umar Patek (UP) akan lebih pendek dari pada pengibar 
bendera Bintang Kejora dan bendera Benang Raja, karena sekalipun seandainya UP 
dijatuhi hukuman penjara seumur hidup, akan dibuat sedimikian rupa setelah satu 
atau dua tahun masa hukuman seumur akan dikurangi dengan alasan berbudi pekerti 
baik dan masa hukumannya dipersingkat.


http://www.theaustralian.com.au/news/world/fears-growing-that-bali-bomber-umar-patek-could-escape-long-prison-sentence/story-e6frg6so-1226129080533
Fears growing that Bali bomber Umar Patek could escape long prison sentence 
From: AP 
September 04, 2011 11:22AM 
 
Indonesian militant Umar Patek, a key suspect in the 2002 Bali bombings that 
killed 202 people. Picture: AP Source: AP 


AN Indonesian man blamed for the 2002 Bali bombings could escape with just a 
few years behind bars. 

The tough anti-terrorism law passed after the double nightclub blasts in Bali 
cannot be used retroactively against Umar Patek, leaving prosecutors scrambling 
to convict him of lesser crimes, from premeditated murder to immigration 
violations.

Patek, an al-Qa'ida linked militant captured on January 25 in the same 
Pakistani town where Osama bin Laden was killed by US forces, allegedly told 
interrogators he made the explosives used in the 2002 attacks in Bali.

The bombings killed 202 people, including 88 Australians and seven Americans. 
They were followed by near annual suicide attacks on glitzy Western hotels, 
restaurants and an embassy in the world's most populous Muslim nation.



More than 680 militants have been rounded up, tried in open courts and 
convicted or executed under anti-terror laws passed in 2003, including 32 for 
their roles in the Bali bombings, according to police and prosecutors. In 2004, 
however, the constitutional court ruled that the law could no longer be used 
retroactively. 
Patek will be the first big fish to test that decision.

Authorities will instead use a Dutch colonial-era penal code to charge Patek 
with premeditated murder and a decades-old emergency decree to charge him with 
possession of explosives, said Rear Marshal Chairul Akbar, a high official at 
Indonesia's anti-terrorism agency. Both carry a maximum penalty of death, but 
getting a conviction will be hard.

“We waited nearly six months to have him deported from Pakistan because we are 
worried he'd get off after just a few years in jail,” Akbar said.

Indonesia had hoped the US, Australia or the Philippines, all of which had 
reason to put him behind bars, would agree to take the veteran Jemaah Islamiah 
member.

“But when that didn't happen,” Akbar said, “we had no choice but to bring him 
home.”

The nation of 240 million people only recently emerged from decades of rule by 
General Suharto, who led one of the 20th century's most brutal dictatorships. 
His military regime killed hundreds of thousands of political opponents.

When Indonesia came under pressure to pass anti-terror legislation soon after 
the September 11, 2001, terrorist attacks in the United States, early drafts 
were shelved over concerns they harkened back to the days of Suharto.

The legislation eventually approved has been widely praised as both tough on 
terrorists and concerned with human rights. It is seen as a potential model for 
Egypt, another Muslim-majority nation with an authoritative past.

General Anton Bachrul Alam, a spokesman for the National Police, said Patek 
still faces possible prosecution for alleged crimes committed after the 
anti-terror law was passed such as gun smuggling, immigration violations and 
involvement in a jihadi training camp discovered in Indonesia's westernmost 
province of Aceh last year.

“They want to get him on a series of sentences that could amount to him 
spending decades in jail, but getting there is not as easy as it seems,” said 
Greg Barton of the Global Terrorism Research Center at Melbourne's Monash 
University.

Most terror convictions in Indonesia yield sentences of fewer than 10 years, he 
said.

Patek trained in Pakistan and Afghanistan in the 1990s. After the Bali bombings 
he escaped to the Philippines, where he allegedly helped train militants with 
the Moro Islamic Liberation Front and the Abu Sayyaf group.

He allegedly told Indonesian authorities he went to Pakistan in January to meet 
with bin Laden.

Related Coverage
  a.. HUNTED: Troops kill former Guantanamo detainee 
  a.. Patek facing murder and terrorism charges The Australian, 18 Aug 2011 
  b.. Patek admits role in Bali blast The Australian, 11 Aug 2011 
  c.. Patek 'confessed to Bali bombings' Courier Mail, 11 Aug 2011 
  d.. Patek admits role in Bali attack Herald Sun, 11 Aug 2011 
  e.. Bali bombing suspect arrives in Jakarta The Daily Telegraph, 11 Aug 2011
AP


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