HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
The right to live is ”the most important of all inherent human rights...... and this has to be demonstrated by the
government in all its actions, including the way it punishes a criminal”
A constitutional court judge in South Africa
APPEAL FOR CLEMENCY
(GRASI)
CLEMENCY TOWARDS TRUE RECONCILIATION
THE DEATH-ROW INMATES:
FABIANUS TIBO
DOMINGGUS DASILVA Alias DOMI
MARINUS RIWU
Presented by
Lawyer for the death-row inmates
JOHNSON PANJAITAN, SH
REINHARD PARAPAT, SH
1
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
MUHAMMAD ARFIANDI FAUZAN, SH
ECOLINE SITUMORANG, SH
HENDRY DAVID. D, SH
IRFAN FAHMI, SHi
IBRAHIM SUMANTRI, SH
RIDWAN DARMAWAN, SHi
RIDO TRIAWAN, SH
DERWIN ANIFAH, SH
YAN PATRIS BINELA, SH
SYAFRUDDIN A. DATU, SH
HUISMAN BRANT, SH
JANSES SIHALOHO, SH
Palu, 13 April 2005
2
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
Number
: 01/TP-HAM/IV/2005
Palu, 13 April 2005
Attachment : 1 (one) document
Subject
: APPEAL FOR CLEMENCY (GRASI)
FOR THE DEATH-ROW INMATES FABIANUS TIBO,
DOMINGGUS DASILVA AND MARINUS RIWU.
Dear,
PRESIDENT OF REPUBLIK OF INDONESIA
MR. SUSILO BAMBANG YUDHOYONO
In –
J a k a r t a. -
With our utmost respect,
We, the Human Rights Defender Team (TP-HAM), acting as the lawyer for three
men sentenced to death in communal conflict in Poso: Fabianus Tibo, Dominggus
Dasilva Alias Domi and Marinus Riwu, are making our appeal for clemency (Grasi) to
Mr. President of Republic of Indonesia. This appeal for clemency is made by
considering the basic principles of human rights protection, the right to live. We
trust that Mr. President of Republic of Indonesia, Susilo Bambang Yudhoyono, would
positively reconside our appeal for clemency (grasi) that we have put together in the
attached systematic document.
These death-row inmates Fabianus Tibo, Dominggus Da Silva and Marinus
Riwu was declared by Palu State Court (in verdict register number: 459/Pid.
B/2001/PN. PL) guilty of the crime of ”Premeditated Murder, Burning and
Persecuting That Were Done Together Continuously” as was stated in the
Verdict of First Prime General Prosecutor: Pasal 340 KUHP Jo. Pasal 55 ayat (1) Ke –
1 KUHP, Jo. Pasal 64 ayat (1) KUHP Kedua : Pasal 187 KUHP ke – 1 KUHP, Jo. Pasal
55 ayat (1) ke – 1 KUHP, Jo. Pasal 64 ayat (1) KUHP; Ketiga : Pasal 351 ayat (1)
KUHP, Jo. Pasal 55 ayat (1) ke – 1 KUHP, Jo. Pasal 64 ayat (1) KUHP, in the
communal conflict/riots during March – June 2000 in Poso, Central Sulawesi Tengah,
and was sentenced by ”Punishing each of these accuseds with death
penalty” (Palu State Court Verdict Number: 459/Pid. B/2001/PN. PL attached).
As a response to this Palu State Court Verdict Number: 459/Pid. B/2001/PN. PL, the
accuseds have brought forth court appeal in Request for Investigation in
Appelate Level, Investigation in Higher Appelate (Kasasi) Level and
Revisitation. And In response our appeal, the Court for Appelate Level, Kasasi
and Revisitation have each brought down their decisions: Decision Register
Number: 19/Pid/2001/PT. PALU dated May 17, 2001, to strengthen the decision
made by Palu State Court; Decision from Supreme Court of Republic of Indonesia
dated October 11, 2001 with Register Number: 1225 K/Pid/2001 to ”Reject the
Kasasi appeal from the appealers”; and Decision from Revisitation Number: 72
PK/Pid/2002, to:
3
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
-
Reject the appeal by the revisitation appealers/the accuseds: 1. Fabianus Tibo, 2.
Dominggus Dasilva alias Domi dan 3. Marinus Riwu aforementioned ;
Uphold the verdict that was requested to be revisited and confirm that the
sentence is still in effect;
Punish the Kasasi appealers/the accuseds to pay the court and revisitation fee of
Rp. 2500.-
According to the decisions made by all these court levels, allow us as the lawyer of
the death-row inmates Fabianus Tibo, Dominggus Dasilva alias Domi dan
Marinus Riwu, according to Special Letter of Power dated March 1, 2005
(attached) to Appeal for Clemency (GRASI) to Mr. President of Republic of
Indonesia according to Pasal 27 UU No. 14 Year 1970 regarding the Powers of
Judicials that has been amended by UU. No. 4 Year 2005 regarding the Changes on
the Laws No. 14 Year 1970 regarding the Powers of the Judicials Jo. Pasal 2 ayat
(1), ayat (2) UU No. 22 Year 2002 regarding Grasi (appeal for clemency).
To obtain the lucid picture of the various problems that exist in the communal
conflict in Poso, our appeal for clemency is structured systematically and consists of
four parts:
Part I INTRODUCTION: A. Death Penalty in Human Rights Perspective, B.
Profile of Poso, C. Poso Conflict and the Involvement of the Three DeathRow Inmates, D. Analysis of the Poso Conflict;
Part II POSO CONFLICT RECONCILIATION;
Part III PORTRAIT OF LAW ENFORCEMENT IN POSO: A. Law Enforcement
in Poso Not According to Principle of Equal Treatment, B. Court Process
against Fabianus Tibo, Dominggus DaSilva alias Domi and Marinus Riwu
Violated Principle of Fair Trial; and
Part IV CONCLUSION AND APPEAL: A. Conclusion, B. Appeal
Part I
DEATH PENALTY IN HUMANRIGHTS PERSPECTIVE
A.
Death Penalty is in Opposition to Constitution
Honorable Mr. President,
4
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
As a manifestation of human rights protection in the second amendment of UUD
1945, year 2000, has clearly recognized human right: the right to live as an nonderogable right for whatever reason.
In Pasal 28 a. UUD 1945 it was acknowledged that “every person has the right to
live and to keep surviving and living”. The right to live is non-derogable nable
human rights that cannot be denied in any situation. This shows that UUD 1945
stands against the sentencing and execution of death penalty. However, this
advancement towards human rights protection to the right to live as the
fundamental rights of everyone according to the constitution of Republic of
Indonesia, that is: Pasal 28 a UUD 1945, was not being followed by an advancement
in various legal products.
The advancement of legal laws to conform with the spirit of the UUD 1945
constitution is sorely needed to avoid the substantial clash between these laws. If
we follow the Stuffenbau Theorie by Hans Kelsen, as was clarified in the principle of
Lex Superior derogat legi inferiori, then the rules in UUD 1945 should be taken into
effect. If the lower laws were found to be in the opposite of the higher laws, then
the lower laws will be declared void for law, or at least in the judicial practice the
lower laws should be set aside. The use of death penalty in KUHP (Criminal Laws) as
the foundational rule to sentence the death-row inmates clearly stands in opposite
to the spirit and breath of Pasal 28 a UUD 1945 that unequivocally prohibited the
sentencing and the execution of death penalty.
B.
Various Efforts to Eradicate Death Penalty.
Honorable Mr. President,
Eradication of death penalty has long been fought for by humankind on earth and
this goal has been a dream for the international world community. The eradication
of death penalty will result in the higher recognition of human dignity and
progressive development of human rights and advancement to enjoy the right to
living.
The struggle to eradicate death penalty has been manifested in various human
rights legal instruments, i.e. Chapter 3 of Universal Declaration of Human Rights,
Chapter 5 of International Covenant on Civil and Political Rights (ICCPR), Second
Optional Protocol of ICCPR Aiming of The Abolition of Death Penalty tahun 1990,
Protocol No. 6 European Convention for the Protection Human Raights and Pasal 7
Fundamental Freedom and The Rome Statute of International Criminal Court (this
instrument did not institute death penalty as a method of punishment).
Realizing that the right of live is a non-derogable right, and that death penalty in
human history has never been able to eliminate crime, International community in
50 countries worldwide has ratified and agreed to adopt the Second Optional
Protocol of ICCPR Aiming of The Abolition of Death Penalty in which the death
penalty is strictly prohibited.
5
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
The history of legal development in Indonesia and worldwide has shown that death
penalty that has been executed so far, both legally through court decision and
illegally (such as extra-judicial killings of PETRUS – mysterious shootings) circa 1982
that was instituted as a Shock Therapy against perpetrators of crime, never brought
significant effects to reduce the number of crime. J.E. Sahetapy, who has been
concerned for eradication of death penalty for a long time, in a recent death-penalty
discussion in Hotel Mandarin Jakarta on December 14, 2004 asserted that “with the
approval of death penalty, a prison’s existence will be problematic. If death penalty
is deemed effective to cause fear and to deter the crime committers (or would-be
committers), we raise the question: “why death penalty executions are always done
intramural, i.e. not to be known or seen by the public, so that the public would fear
and deterred. Hence, the time has come for the government to reconsider the
execution of death penalty in Indonesia.
6
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
Part II
WHOSE AGENDA IS THE POSO CONFLICT
A.
Profile of Poso District.
Poso is one of the oldest districts in the province of Central Sulawesi. It is plurally
made up of various cultures, tribes, and religions. There are at least 9 (nine) large
ethnics in Poso district. The Pamona tribe is the native and majority tribe in Poso
district. There is also plurality in religions in Poso district. Poso people lived
harmoniously in a peaceful coexistence, intermarrying among ethnic and religious
boundaries with a motto of “SINTUWU MAROSO”, which means unity. The ethnic
Pamona (native of Poso) has several sub-ethnics. Most of them live in the inner
region of Poso and some of them in coastal region.
The sub-ethnics of Pomona living in coastal region are mostly Muslims while the
sub-ethnics in inner regions are mostly Christians. In everyday interaction, it is hard
to distinguish which one belongs to the Islam or Christian faith because all of them
uses the very same language of Pamona, that is the Bare’e language. Moreover,
they are very tightly bound by filial relationships. The same is true to other nonnative tribes, i.e. tribes of Toraja, Gorontalo, Bugis, Makassar, Jawa, Bali, Manado,
Flores, Mori, Bungku, Lombok, Batak, Kaili, etc. that are intermarrying each other.
Thus, this strengthens the cohesive bound ”SINTUWU MAROSO” that is
manifested in religious harmony and peace as well as in daily interaction.
Ever since the birth of Poso, there has never been any religious and ethnics based
conflicts. This was the situation until 1983, when the seed of conflict was planted by
a letter written by a late government official of Poso which contains a discrediting
analysis of the ethnics. This letter was maliciously distributed publicly to all people of
Poso in 1991 during election of Poso District Mayor. This problem could still be
solved through Hukum Adat (Traditional Law).
Nevertheless, the brotherhood symbol that was framed by ”SINTUWU MAROSO”
was utterly destroyed in the December 1998 riot, April 2000 riot, and post-riot
of May 2000.
B. Poso Conflict and the Involvement of the 3 Death-row Inmates
In the aftermath of the December 1998 conflict, when people of Lombogia and
Kasintuwu wards have started to rebuild their homes, new threat of a repeat-conflict
looms. Alongside the court process of Drs. Agfar Patanga in January 2000 (an
accused in the conflict of 1998), the election of Poso district secretary, and the
finding of an accused for KUT fund corruption; there were some demands from Poso
people to free Drs. Abdul Agfar from the long hand of law, and for the district
secretary position to be bestowed on Drs. Damsik Ladjalani.
On April 2000, again there was a rumour that Poso will experience another riots,
causing mass concentrations in various places that continues with burnings,
lootings, and killings. And in a blink of an eye, houses in three wards: Lombogia,
Kasintuwu, and Sayo were burned down.
7
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
Many facts has been discovered that the horizontal conflicts in Poso were merely
conflicts spawning from the interests of elite local rulers who thirst for power and
the interests of other parties to conceal the case of KUT corruption by using religion
to trigger conflicts. These people use religion as a mask to legitimize violence
(killings, kidnappings, torture, and burning). They use religious symbols, on one
hand crying “Allah the Supreme Great/Allahu Akbar” and in other hand crying
“Hallelujah/Praise the Lord” 1). Sure enough, the next things that happen were
bilateral attacks, taking revenge on each other.
If we are to be really honest, we need to admit that in this Poso horizontal conflict,
the state also plays a considerable big part in creating, birthing, and maintaining the
conflicts. The law enforcers’ non-neutrality, involvement (by commission), and
condoning (by omission) has frustrated the people (victims) and further deepened
the seed of adversity (fierce revenge) between the two sides. This is not to justify
the people’s reaction; however, because the state could not sustain the peace for
these people’s existence and the law enforcers were impotent, then it is pretty
understandable that the people took over the security matter into their own hands
and instituted a street justice that seems fair to them. The reality of what seems fair
for them even takes them further to forms of planned attacks, burnings, killings, and
kidnappings by both sides. This was how both sides vented their anger and
frustration on the failure of state to take control of the situation to create a secure
and sense of order and keeping of law in society. The Poso conflict must therefore
be seen in its entirety. The conflicts and riots that happened in 2001 were tightly
related to those of 2000 and 1998.
In May 22, 2000, the death-row inmate Fabianus Tibo, Dominggus Dasilva (alias
Domi), Marius Riwu and some of their Flores friends around 15:00 WITA
(Indonesian Central Time) went to Moengko ward to evacuate some Flores orphans
in Catholic Church and at the same time to secure the church because the rumors
has it that the Catholic Church at Moengko ward were going to be attacked.
However, because the EBTANAS (national school exam) was to end the next day,
Fabianus Tibo, Dominggus Dasilva, Marinus Riwu and friends decided to stay
overnight at the Catholic Church of Moengko.
The next day on May 23, 2000, around 3:30 WITA, an attack led by black bat group
(a Christian group) led by Ir. Advend Lateka was happening on Kayamanya and
Moengko ward. This attack left 3 people died, among which was Serma. Kamaruddin
Ali (member of Poso District-level Police). The District-level Police immediately
chased down the attackers who escaped themselves through the side of Catholic
Church of Moengko. The police then asked Fabianus Tibo about the people inside
the church, thinking these people must’ve been the attackers. While Fabianus tried
to explain their intention to come to the church, a growing crowd of Kayamanya and
Moengko people came and became uncontrollable. Seeing this growing commotion,
Fabianus Tibo sought for a Kayamanya public figure, Mr. Gafar Sabihi, to find and
ask Poso District-level Police chief to get vehicles to evacuate Flores people from the
Catholic Church. Suddenly the crowd of Kayamanya and Moengko started to burn
1)
Rinaldy Damanik. 2003. Tragedi Kemanusian Poso ; menggapai surya pagi melalui kegelapan malam. PBHI
dan LPS-HAM Sulteng: Hlm. 8
8
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
the church, thinking that the people inside the church were the attackers. (This was
made as a basis for the general prosecutor against the death-row inmates)
We as lawyer of the death-row inmates never dismisses and blind our eyes of the
involvement of these men in the conflict. We heartfully agree that what Fabianus
Tibo, Dominggu Dasilva (alias Domi) and Marinus Riwu did was an act against the
law, and because of that, they must be punished. However, please consider
earnestly that in the first place, the situation has put them in a very awkward
position: to be attacked or to attack.
Aside from their involvement in this Poso horizontal conflict, these death-row
inmates still have a noble human interest for fellow human beings, evidenced by
their effort to evacuate people, regardless of their religion – whether a Christian or a
Muslim. This stands in stark contrast to the popularly held opinion during the conflict
that Fabianus Tibo was the leader of the bat troop (the red troop). According to the
fact from the field (material fact), the leader of the bat troop was Ir. Advend Lateka
as was confessed by himself (Ir. Advend Lateka) through phone to Kadit IPP
Provincial-level Police of Central Sulawesi, Mr. Suratno. Ir. Advend Lateka was solely
responsible for the attack against Moengko ward on May 23, 2000. He also wrote a
letter containing his Demand for Struggle addressed to Human Rights National
Commission (attached).
These death-row inmates have noble human interest, as evidenced by:
1. On Sunday, May 28, 2000, Suntuwulemba villagers came to Tagolu to ask for
protection and these death-row inmates along with other Tagolu villagers and 7
TNI (Indonesian National Guard) Kompi B 711 Raksatama – Kawua went to
Sintuwulemba village using TNI trucks to evacuate Sintuwulemba villagers and
Pesantren Walisongo dwellers to TNI headquarter in Kompi B 711 Raksatama
Kawua. A number of children and women were safely evacuated to Kompi B 711
Kawua.
2. Mr. Taiyeb (a Moslem) lives in Sangira Village, North Pamona Sub-district, Poso
District. In 2000, Mr. Taiyeb L. along with his son, Jumiad alias Aco, was seized
by the red troop in Sangira Village and was brought to the red troop’s
headquarter in Tagolu Village, Lage Sub-district, Poso District, for about 1 week.
While in the headquarter of the red troop, Mr. Taiyeb was asked by Fabianus
Tibo to help with the cooking in the kitchen and was treated humanely by
Fabianus Tibo, Dominggus Dasilva, Marinus Riwu, and others. A week later,
there was a news that Mr. Taiyeb’s wife in Sangira Village was sick. By Fabianus
Tibo’s suggestion, Mr. Taiyeb and his son Jumiad alias Aco were returned to
Sangira Village safely and reunited with their family. (Letter from Mr. Taiyeb L.
attached)
C. Causal Analysis of Poso Horizontal Conflict.
Honorable Mr. President,
9
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
Poso riots in December 1998 began from a fight of 2 teenagers of different religions:
Roy Bisalemba (a Christian) and Ridwan Kamboni (a Muslim) on the dusk of
Desember 25, 1998. This fighthing was handled by the security officials. At the same
time, outside Poso Kota looms a rumor that a mosque clerik (imam) was cut inside
the mosque while he was praying. This caused a deployment of Muslim mass from
outer Poso Kota. Concurrently, the Christians led by Herman Parimo were
concentrated in Tagolu, asking Poso Mayor to help security enforcers to restore the
situation in Poso.
There are several interesting things to be observed in the December 1998 conflict.
Drs. Abdul Agfar Patanga’s pamphlets containing “List of Rioters in Poso District on
December 24-28 1998” were distributed. These pamphlets listed 10 officials (of
Christian religion) in Poso district government accused of plotting a coup against the
district mayor (Bupati) of Poso. As a result, people of Poso were provocated. Four
people were punished for the riots of 1998: Roy Bisalemba was sentenced to 12
years, Herman Parimo (declared guilty for committing a coup against the valid
government) was sentenced to 14 years and Agfar Patanga (the author of the
pamphlets responsible for creating ethnic and religious tension in society) was
sentenced to 6 months.
In April 2000, it became apparent that the riots would reoccur, as evidenced in:
1. The statement of a member of Central Sulawesi PPP DPRD Fraction, Mr. Haelani
Umar, as written in Mercusuar newsletter, Saturday, April 15, 2000 edition, which
predicted that if people’s aspiration (that demanded Drs. Damsyik Ladjalani) was
not being heeded by the local government, then riots will reoccur in Poso
(statement attached).
2. Statement of position from KNPI Poso:
- Mr. Awad Alamri, SH, according to KNPI Poso’s investigation, was not a fit for
the requirements of Poso District Secretary (Sekwilda Kabupaten Poso);
- According to public apsiration and KNPI Poso’s investigation, Drs. Damsik
Ladjalani was the most deserving for this position;
- If Awad Alamri, SH still made to become the District Secretary (Sekwilda),
then Poso would surely have a riot again 2))
3. Poso chapter of Islamic Ummat Defender Forum held a meeting in Baitulrahman
Mosque Poso on January 14, 2000 to discuss the development of Agfar Patanga’s
court process. This meeting concluded to: ”Upheld Truth and Justice, Free
Agfar Patanga”. To implement this, i.e. to free Agfar Patanga from the long
arm of law, they also planned to create a riot: TO INCITE MASS UNREST
DURING AGFAR PATANGA’S JUDGMENT, A MOSQUE IN LAWANGA WILL
BE BURNED, FOLLOWED BY A BURNING OF A CHURCH IN LAWANGA SO
AS TO CREATE AN IMPRESSION OF UPHEAVAL. The followings are the
reasons for their actions:
2)
Rinaldy Damanik. 2003. Tragedi Kemanusian Poso ; menggapai surya pagi melalui kegelapan malam. PBHI
dan LPS-HAM Sulteng, hal 26-29
10
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
a. If Abdul Agfar Patanga was to be put to jail, then they (the participants of the
meeting) would also be put to jail because they are his cronies, according to
an interview of a Morowali Post reporter;
b. There are both interests for government power and for a business
opportunities. So this whole thing is a project;
c. Poso District Police Chief (now former chief, Let Let. Kol Dedy Wuryantono)
was serious in investigating the KUT fund corruption and they are afraid they
will be found out because they had played some parts in it;
d. They believe that Yahya Patiro, SH was one who would put a roadblock to
their plan.3)
4. The constant bringing up of accuseds in KUT (Farmer’s Credit) funds corruption
case. This gives impression that the riots were deliberately engineered as a
diversion to conceal their lawbreaking acts. It was thought that with these riots,
the KUT funds corruption case would be overlooked. Furthermore, there was a
strong indication that there were groups who tried to conceal this KUT corruption
case. 4))
Honorable Mr. President,
These indication of potential riots turned into actual riots, following the court
process of Drs. Abdul Agfar Patanga on April 2000. The riots began to reoccur.
Several houses in Lombogia ward that have been rebuilt after being burned down in
1998 were being burned down again. People who committed burnings, attackings,
killings, provokings, and mass organizings were left to do so. There was hardly any
effort from law enforcers to restrain or to punish them. This situation prompted the
solidarity among christians in Poso to take revenge on the sufferings that they
endured. On May 23, 2000, the christians led by Ir. Advend Lateka started their
counter attacks against muslim regions, that is: Moengko and Kayamanya ward,
followed by other regions.
From these event sketch, we conclude that the communal conflict that happens in
Poso is caused by:
1. The coercion of certain group of people in Poso Kota who wants the District
Secretary position to be bestowed upon Drs. Damsyik Ladjalani;
2. The pressure against court process to free Mr. Agfar Patanga, who were being
accused of inciting civil unrest in Desember 1998 riots;
3. The fear of a certain group because of accuseds in the KUT fund corruption case
has been determined and the case was about to be processed by the court;
4. The absence of law enforcement against the actors of Desember 1998 and April
2000 riots.
3)
4)
Ibid
Ibid
11
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
Part III
POSO CONFLICT RECONCILIATION
Honorable Mr. President,
In Malino, South Sulawesi, on December 19-20, 2001, there was held a
reconciliation meeting between two conflicting Poso groups. Although there were
many reconciliation agreements produced between both groups prior to this one
(that were initiated either by people or local government officials), none of these
agreements brought significant impact, for there were still continuing conflicts. This
Malino reconciliation that was initiated by (then) Coordinating Minister on Politics
and Security, Mr. Susilo Bambang Yudhoyono, and Coordinating Minister on Social
Wealth, Mr. Yusuf Kalla, gave birth to 10 agreements well known as Malino
Declaration.
Even though not all of the 10 agreements of this Malino declaration has been fully
implemented, at least the social condition in Poso has became significantly better.
This proves that the lowest level in society (i.e. the victims) have the courage
towards accomplishing peace. Many have returned to their village of origin, hoping
to relive their lives after many years of living in evacuation. This reconciliation effort
must be continually built upon the midst of the conflict victims so that their lives
would become better.
However, in the midst of this conducive social situation in Poso, there are still three
men behind bars of Petobo prison, Palu, who are living with much hope. They are
Fabianus Tibo, Dominggus Dasilva alias Domi and Marinus Riwu who were
sentenced to death to bear all the burden of the horizontal conflict in the land of
Sintuwu Maroso. In their hearts, they often asked ”What was really happening
in Poso? Who was the mastermind behind all these, that we had to be
scapegoats and bear unjust punishments?”
Honorable Mr. President,
The three of them: Fabianus Tibo, Dominggus Dasilva and Marinus Riwu were
essentially also victims of the conflicts, just like other victims who were all trying to
live and survive when their villages were attacked, home burned, families killed. In
such conditions, due to ordinary human weakneses, it was not unthinkable that
those who endured the same suffering (where was no security for the rights of live)
then developed solidarity among each other to stand up against the injustice that
they faced.
We do not intend to over-defend these three men sentenced to death, but we would
like to invite all parts to see clearly the real causes of Poso conflicts, and consider if
it is fair and just to put all the blame of Poso’s problems on them. We as lawyer for
these three men also did not overlook their involvement in the Poso conflicts.
However, they were not the mastermind behind all these riots (it is the masterminds
who are deserved to be punished, but yet until now have not been found by the
long arm of law). These three men sentenced to death were merely victims who
12
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
tried to defend their lives and the lives of their family, brother/sister, friend, and
their kin who endured the same suffering.
Honorable Mr. President,
The social condition in Poso has now become conducive to peace. The warring
groups have now started to live side by side, helping each other. We all hope that
this condition will be sustainable so that the reconciliation process that you have
initiated will come to be a true reconciliation. Therefore, we hope it is not too much
to ask that what we had written so far will be used for your consideration in
deciding the outcome of our appeal for clemency (grasi). It is not impossible that if
these three men were to be executed, the social condition will again be disrupted –
as was covered by Gatra magazine April 21, 2001 edition: upon hearing the death
penalty sentencing of the three men by the judge, the “white fabric” group (the
Islamic group of Poso) celebrated the sentencing. For them, these three men are
monsters who thirst for blood and heartlessly willing to kill anyone: men, women,
adults, or children. They deserve to die. However, for the “red fabric” group (the
Christians), they are long suffering friends who deserve to be defended and not to
be punished by death. (attached)
13
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
Part IV
PORTRAIT OF LAW ENFORCEMENT IN POSO
A . Law Enforcement in Poso Not Based on Equal Treatment Principle.
Since the beginning of the horizontal riots/conflicts in Poso, Central Sulawesi, law
enforcement in these ex-conflict regions seemed to be a merely half-hearted effort.
Law enforcement was not done in a comprehensive manner, nor was it done to
uphold a blind justice (punishing any one who was found to be against the law). The
legal process and forms of punishments (up to death penalty) against the
perpetrators of the persecution that happens in Sayo ward, on December 25, 1998,
(that extended into a widespread conflict in 2000, 2001, and 2002) was only applied
to actors on field. Meanwhile, none of the masterminds, fund raisers, explosive and
ammunition suppliers, and provocateurs/ mass coordinators were touched by the
law and left to roam freely everywhere.
Law enforcement, especially in the conflict regions, should not be done partially but
rather holistically, holding on firmly to the principle of Equal treatment because
these riots were tightly interrelated. The riots in 2001 were closely related to those
in 1998 and 2000. Nevertheless, the actors of 1998 and 2000 riots were exempt
from the touch of the law. Even though the Police force has enough information on
these people, they are not processing it as they ought to.
Among the numerous criminal actors during the conflicts, only three men: Fabianus
Tibo, Dominggus Dasilva alias Domi and Marinus Riwu; were sentenced to death
penalty. This fact demands our attention, that these three death-row inmates were
falsely blamed as the leader of bat troop (red troop) who plotted a killing, burning,
and persecution in Moengko and Kayamanya ward, in Al-Hadjrah Mosque,
Sintuwulemba Village, and Lorong Public Health Center, Tagolu Village. Even if the
accusation was right, how about the leaders of troops who had done the
same criminal acts such as:
- attacks and burnings in Kasintuwu and Sayo wards in December
1998
- burnings, attacks, and killings on April 2000 (whose identity has
been well known by the officers);
- attacks on 5 villages of Betalemba, Patiwunga, Tangkura,
Sangginora, and Dewua at the end of 2001 that caused 6 deaths and
the destroying of all homes;
- attacks of 3 villages of Saatu, Pantangolemba, and Pinedapa that
caused 12 deaths and tens injuries on 2003;
- killings, attacks against Beteleme Village on 2003 that caused 3
deaths, whose actors went through court process but only
sentenced to 4 years of imprisonment, and
- various other acts of bombings and mysterious shootings that had
resulted in tens, even hundreds of deaths.
Our question is: Are there any perpetrators to these crimes who face the same
treatment/fate as these three men sentenced to death, who were processed by a
court that is not free from pressure and intimidation??? To this we could surely say
14
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
”none of these people had the same treatment/fate as these three men
sentenced to death: Fabianus Tibo, Dominggus Dasilva dan Marinus
Riwu”.
We don’t intend to reopen a dark chapter in the history of land of Sintuwu Maroso,
since the people have learned to live harmoniously with each other again. However,
upholding the just law should always be practiced and applied to anyone who
violated it. This is essential to so that the justice could be observed and society
could know what actually had happened in their lives, that had caused them to have
dissension and strife against each other, attacking and even killing each other. True
reconciliation without observing true justice would be nearly be impossible.
In a meeting in Torulemba Building / at the Rumah Jabatan Bupati Poso on
Desember 2, 2004 that was attended by Regional Inspector (Irwasda) Central
Sulawesi Regional Police, Poso Mayor, Poso Chief Regional Police and
religious/public figures, one of the attendees (a muslim figure) Mr. Drs. H. Adnan
Arsal motioned that “Poso riot conflicts should be investigated in its entirety
and that the group of 16 names (that were mentioned by the three deathrow inmates in their defense in Palu State Court) be reinvestigated
transparently and completely”. On the other part, Mr. Yahya Patiro, SH (a
christian figure/ Chairman II GKST Synod) uttered his hope that the processing of
the violence and conflict cases in general leans on the principle of Equal treatment
for all people so as not to be discriminative, “in relation to the motion from Mr.
Adnan Arsal that the 16 names mentioned by Tibo et. al.
be
reinvestigated, I am motioning to Central Sulawesi Chief Regional Police
and meeting Forum that if the Poso muslims question these 16 names,
there are 100 names that are being questioned by Tentena christians, why
they never get processed by the law, including: Sdr. Adnan Arsal, Daeng
Raja, Nani Lamusu, Mandor Pahe dan lain-lain”. (meeting result attached).
As a sketch of the legal process in Poso District post-conflict in 1998, below is the
court process of accused Agfar Patanga that was done under mass pressure that is
similar in the court process of the three death-row inmates.
Case profile: On Desember 29, 1998, Drs. Abdul Agfar Patanga broadcasted a false
news and announcement to Poso public by writing a pamphlet entitled: “List of
Rioters in Poso from 24 to 28 Desember 1998”. This pamphlet writes:
Performing coup; killing/disabling, injuring Mr. BKDH Level II Poso Arief
Patanga, SH; if succeeded, GPK (the rioters) will appoint Yahya Patiro, SH
to restore the situation and will earn public sympathy to be elected as
Bupati (Mayor) for 1999 – 2004 period.
The mass pressure to the court process of Drs. Abdul Agfar Patanga has been
planned out in several meetings in both Holy Mosque of Baitulrahman Poso and the
residence of Aliansyah Tompo alias Maro. The meetings were attended by: Drs. H.
Adnan Arsal, Drs. Hasan Lasiata, Kasmat Lamuka, Marro Tompo, Muktar
Lapangasa, Yusuf Dumo, Ahmad Laparigi, Daeng Raja, Mador Pahe (these
names have been submitted to Regional Police of Central Sulawesi) and, as
main agenda, discussed how to free Drs. Agfar Patanga from accusation that he
created the religious and ethnically divisive pamphlet on Desember 1998 riot. As a
15
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
result of this meeting, it was agreed to: “Uphold Truth and Justice, Free Agfar
Patanga”.
To implement the goal of freeing Agfar Patanga from the law, they plotted to create
riots: TO INCITE CIVIL UNREST DURING THE JUDGMENT OF AGFAR
PATANGA, A MOSQUE IN LAWANGA WILL BE BURNED DOWN, CONTINUED
WITH THE BURNING OF A CHURCH IN LAWANGA, TO CREATE AN
IMPRESSION OF UPHEAVAL. As a result from such pressure, on November 20,
2000
the
State
Court
of
Poso
in
its
Decision
Number:
191/Pid.B/1999/PN.Poso sentenced the accused Drs. Agfar Patanga to 6
months jail time. This is an unbelievable fantastic decision for the actor who
incited the Desember 1998 conflict.
As a comparison of the court processes related to the conflicts in Poso, we have
attached several other decisions from the State Court that has been settled.
B.
Court Process Against Fabianus Tibo, Dominggus Dasilva alias Domi
and Marinus Riwu Violated the Principle of Fair Trial
On Tuesday, July 25, 2000 Fabianus Tibo, Dominggus Dasilva alias Domi dan
Marinus Riwu as a law-obeying citizens surrendared themselves to Batallion
Commandant II Operation Love Peace, Captain Inf. Agus Firman Yuswono and
Captain CZI. Aldi Rinaldy and were then handed to the Central Sulawesi Regional
Police. They were declared by the Hight Court of Central Sulawesi guilty of having
performed a crime of “Plotting killings, burnings and persecutions that
were done continuously” during March – July 2000 in Moengko Baru and
Kayamanya wards, Poso Kota Sub-districts, Mesjid Al-Hidjrah and Pesantren
Walisongo Desa Sintuwulemba, Lorong Puskesmas Desa Tagolu and in Sand Mine by
Poso River, Desa Tagolu Kecamatan Lage. Actually, the acts of killings, burnings,
kidnappings, and persecutions were basically done by both warring parties
(christians and muslims).
Along with the court process of these three men sentenced to death, Poso became
increasingly tumultuous. Conflict escalated and caused the number of refugees to
grow. Thousands of refugees left Poso city and one of the refugee destination is
Kota Palu. Because of it, every time the court was in order, the court was always
filled with thousands of refugees and victims from Poso city who were still foamed
with seething anger, fury, and frustration because they lost their parents, children,
family, brothers/sisters, and belongings. As a result, the mass pressure was so
prevalent during the court process. Even in one court session during a witness
examination, a witness slapped on Fabianus Tibo’s face. Such a court process
obviously had given the Judge, Prosecutor, Accuseds, Witnesses, and Lawyer a
direct pressure.
According to Pasal 1 ayat (9) KUHAP it is said that “Judging is a series of action by
the judge to accept, examine and decide on a criminal case based on the principles
of free, honest and impartial in the court of law in a manner that is specified in this
law”. Furthermore, the General Explanation of KUHP (Book of Criminal Law) clearly
protects the human rights and because of it “judgment must be done in timely
16
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
fashion, simplicity, feasible cost and free, honest and impartial; it must be
applied consistently in all levels of courts”.
Subsequently in Pasal 4 ayat (3) UU Number 4, 2004 regarding the power of the
court it was written that “all interventions in the court process by an external
party outside the power of judicials are expressly prohibited except in the
areas specified in UUD 1945”
Both rules of law above that formed the basis of the court process clearly state that
judgment, in examining and deciding a criminal case, must be based on principle of
free trial and honest. This means that a judgment process must really be free from
all interventions from any party, free from pressure from and by anyone else.
The court process against these death-row inmates cannot be said to reflect the fair
trail principle as was mandated by UU Number 4 Year 2004 regarding the power of
the court and UU No. 8 Year 1981 regarding Book of Criminal Laws (KUHAP), a court
process that’s free from anyone’s intervention is essential to prevent sentencing a
punishment that is not based on the legal facts in the court. The decision must be
made by considering the weight and motive of the act (legal proceeding process
attached).
Aside from the violation of the fair trial principle, in page 71 of court decision The
State Court Judge of Palu is of the opinion that ”Note that the accuseds were not
the creator/ direct actors/ main actors of the crime (dader) because their
role according to pasal 55 KUHP is that of the involved people”
The consideration from The State Court Judge of Palu above clearly and vividly
stated that the accuseds Febianus Tibo, Dominggus Da Silva and Marinus Riwu were
not direct actor although according to the laws they are categorized as actors. They
were basically mere victims just like the other conflict victims. They were then
involved after the conflicts had progressed very far. Even though the Judge believed
that these three men Febianus Tibo, Dominggus Da Silva and Marinus Riwu were
not the direct actors, still they are being sentenced to death. This prompted us to
ponder and question: should they bear all the responsibilities for the riots in
Poso??? since they are involved in the Poso conflict far after the conflict had
started, i.e. in May 23, 2000. In other words, Should we assume that they are
most responsible for the conflicts that happen??? It is very unfair if all the
blame must be put on the shoulders of Fabianus Tibo, Dominggus Dasilva alias Domi
and Marinus Riwu, while on the other side there are still many others who have far
greater roles and involvements than these three men. Those other people must be
responsible because they have masterminded, engineered, funded, provoked,
coordinated the mass. The state has also failed to maintain security and uphold the
law.
Aside from all those mentioned above, these three men sentenced to death has
never received any copy of the court decisions (from Palu State Court level up to the
Kasasi level at Supreme Court). Hence they never knew the exact decision. Currently
they only received the copy of decision from Revisitation from Supreme Court.
17
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
Bagian V
CONCLUSION AND APPEAL
A. Conclusion
Based on the expositions above, we as lawyer of the death-row inmates conclude
that:
1. The conflict/riot that has happened in Poso District was not a conflict of religious
nature. Rather, it was merely a tool for the interest of local political elite who
thirst of power who use religion issue to trigger a conflict;
2. The state has failed to handle the riot/conflict, sustaining security and safety of
people in Poso;
3. That in the horizontal conflict case in Poso, the law enforcement was not done
based on equal treatment principle;
4. That the court process was done under a mass pressure, and this has violated
the fair of trial fundamental principle of justice;
5. That the accuseds are basically victims just like other conflict victims and not the
direct actor/main actor who masterminded, engineered and/or planned the
horizontal riot/conflict in Poso.
B. Appeal:
Based on what we have elaborated above, allow us as lawyer of the death-row
inmates: Mati Fabianus Tibo, Dominggus Dasilva alias Domi and Marinus Riwu to
request for, and to represent Justice and Humanity, to President of Republic
Indonesia, Mr. SUSILO BAMBANG YUDHOYONO to be willing to:
1. Accept and grant our Appeal for Clemency (GRASI) for the three men sentenced
to death: Fabianus Tibo, Dominggus Dasilva alias Domi and Marinus Riwu;
2. Alter or Reduce and/or at least Lessen the punishment of the three men
sentenced to death: Fabianus Tibo, Dominggus Dasilva and Marinus Riwu from
DEATH PENALTY to PUNISHMENT FOR A TIME.
This is the Appeal for Clemency (GRASI) that we wrote. May God All Powerful grant
His blessings for Mr. President to decide on this appeal.
Sincerely,
Lawyer of the death-row inmates
18
HUMAN RIGHTS DEFENDER TEAM (TP-HAM)
Perhimpunan Bantuan Hukum Dan Hak Asasi Manusia Indonesia ( P B H I)
Lembaga Pengembangan Studi Hukum dan Advokasi Hak Asasi Manusia (LPS-HAM) Sulteng
Departemen Hukum Dan Advokasi Sinode GKST
Sekertariat :
Jakarta : PBHI, Jl. Matraman Raya No. 148 Blok A2A No. 18 Kebun Manggis, Telp : 021-8591064, 85918065
Palu : LPS-HAM Sulteng, Jl. KS. Tubun No. 28 Palu, Telp/Fax : (0451) 422229
Poso: Jl. Tabatoki No. 18 Kawua – Poso
JOHNSON PANJAITAN, SH
REINHARD PARAPAT, SH
MUHAMMAD ARFIANDI FAUZAN, SH
ECOLINE SITUMORANG, SH
HENDRY DAVID. D, SH
IRFAN FAHMI, SHi
IBRAHIM SUMANTRI, SH
RIDWAN DARMAWAN, SHi
RIDO TRIAWAN, SH
DERWIN ANIFAH, SH
YAN PATRIS BINELA, SH
SYAFRUDDIN A. DATU, SH
HUISMAN BRANT TORIPALU, SH
19