Jokowi said last Friday that the 80-year-old, believed to be behind the 2002 Bali bombings, would be released on humanitarian grounds. However, on Tuesday the president laid out the conditions that must be met for the release to happen.
“As I said before, the humanitarian considerations are that ustadz Ba’asyir is very old and has many health problems,” Jokowi said.
“But we have a legal system and we have to go through the legal mechanism for conditional parole. The conditions for that must be fulfilled. I cannot clash with that. For example, loyalty to the NKRI [Unitary State of the Republic of Indonesia], loyalty to Pancasila: Those are basic principles.”
Dr Robertus Robert, Head of Sociology Department at State University of Jakarta said the move to pardon the convicted terrorist is pragmatic but risky.
"The policy was not taken based on a correct legal consideration. According to (government constitution) PP No. 99 of 2012, the release of a defendant for a particular criminal case, in this case the act of terrorism, must pass a procedure, namely a pledge of loyalty to the state, to Pancasila, which Abu Bakar Ba'asyir cannot fulfill," he said in an interview with SBS Indonesian.
He added that this policy could create a new problem that is not taken into account by Jokowi, namely arousing and re-emergence of violent or terrorism organisation, which its legal handling could not be controlled.
Ba'asyir had reportedly been unwilling to sign a letter of allegiance to Pancasila, one of the requirements to receive parole after having served two-thirds of his prison sentence. But Jakarta Globe reported that Jokowi decided that it was best to ease the requirements for Ba'asyir's release and allow the convicted terrorist to circumvent the part related to Pancasila, after he has discussed the matter with his newly appointed legal advisor, Yusril Ihza Mahendra.
Radical cleric Abu Bakar Bashir, founded the group behind the Bali bombings. Source: AAP
"I wondered: what if we loosen the requirements? Abu [Ba'asyir] said that if he must adhere to Pancasila, Pancasila is in line with Islam, so why not simply adhere to Islam? As he adheres to Islam, Jokowi then gave his approval," said Yusril, who is the chairman of the Crescent Star Party (PBB), an Islamic-based political party that is seeking the implementation of shariah in Indonesia.
Dr Robert said that many of the criticisms directed at Jokowi would allow this move to be canceled. "With so much criticism of the decision, I think what will happen is that the decision will be canceled again. But the damage has already occurred."
Related to the 2019 Indonesia Presidential Election, Dr Robert said that whatever decisions are finally taken will not change the voters' votes, except for those who have not decided yet.
