From: Human Rights Coordinator <hrcoord@igc.apc.org>
Newsgroups: soc.rights.human
Date: 01 Oct 92 10:26 PDT
Subject: Prison For Adopting Orphans
Nf-ID: #N:cdp:1476700573:000:4359
Nf-From: cdp.UUCP!hrcoord    Oct  1 10:26:00 1992


From: Human Rights Coordinator <hrcoord>
Subject: Prison For Adopting Orphans

/* Written  6:16 pm  Sep 30, 1992 by gn:tapol in cdp:reg.indonesia */
IMPRISONED FOR ADOPTING TWO BABIES

Source: Indonesian Legal Aid Institute Bulletin "News and Action"
Date: September 1990

TWO YEARS DETENTION WITHOUT TRIAL
Hasan Tito (aged 28) father of two, Jayus bin Karmo (aged 36) and
Slamet Suryadi (43) were arrested in June 1990 and May 1990
respectively and to this day their families have not even been told
the exact reason for their detention, olet alone whether the three
men have been charge or tried.  All efforts by the Indonesian Legal
Aid Foundation (YLBHI) to see their clients have so far failed
(Kompas, 26 August 1992).  
  After over 2 years, the families have only been told orally that
their husbands are being held in conjunction with their involvement
in the "bloody incident" in Talang Sari, Way Jepara, Lampung. Hasan
Tito's alleged involvement was taking in two children orphaned
after the massacre. The families have received no letter of arrest
and detention to which they are entitled. 
  The "bloody incident" was a massacre perpetrated by the military
against the villagers of Talang Sari in February 1989.  The self-
sufficient Islamic farming community was accused by local military
forces of abusing the Indonesian Constitution's Pancasila code as
regards religion and labelled religious fanatics.  
  The accusations culminated in a slaughter of the villagers.  The
status and legal authority of the military in carrying out the mass
killings has never been clarified, nor has the number of victims
ever been confirmed.
  In May and June 1990, the three men were arrested by plainclothes
military which is prohibited by Indonesian law and are now being
held by KOREM 043 Garuda Hitam-Lampung. The Anti-Subversion Law
states that an individual charged with subversion may be held for
up to three months without trial, while only the Attorney General
has the authority to detain a defendant for up to one year without
trial.
  All three have also been denied their full visiting rights. 
Herlani Maryati, Hasan Tito's wife, was allowed to see her husband
for the first time 17 months after his arrest.  Since February
1992, both Herlani and the YLBHI (iNDONESIA lEGAL aID cENTRE,
jAKARTA) have been denied access to Hasan.  The KOREM 043 has
refused to give any information to Jayus' family, telling them that
"Jayus' case will be clarified after his trial in court" (YLBHI
"News and Action", No 1, June 1992).
  In the meetings which have taken place, Hasan Tito, has said he
has been tortured: psychological trauma and paranoia now afflict
him.  Slamet Suryadi has also said that he has been tortured.  

LATEST NEWS
Source: Jakarta Post
Date: 22 September 1992

 The YLBHI are to sue the Lampung Military Resort Command (between
district and regional command) and the Provincial Prosecutors
Office for the illegal arrest and detention of the above three men. 
The basis is the lack of warrant for arrest and detention which is
a contravention of the Indonesian Criminal Code (KUHAP).  Also the
prosecutor's office have violated the the law for assuming
responsibility for the detentions.  Only the police have the right
to arrest and detain. The LBH lawyers are demanding the release of
the prisoners and   Rp 3 million compenmsation for each. 
  Both the military command and the prosecutor's office deny the
suspects are in their custody.  The representative of the LBH said
they were being held at the Rajabasa detention centre in the
provincial capital of Bandar Lampung.

COMMENT:
Typical of Indonesian press and the government restrictions put on
them, the Jakarta Post report the massacre at Lampung as a clash
between the Warsidi group (a strongly Muslim collective) and the
armed forces (ABRI) and reports that the clashes resulted in the
death of 27 villagers members and several ABRI officers. This is
clearly a government inspired account of the massacre and the
wording is simply an attempt to reduce sympathy amongst the
Indonesian population for strong muslims, portraying them as
extremists and anti-Pancasila.  The recent history of Indonesia
reveals many such incidents (cf: Tanjung Priok riots and  the
Muslim trials of the mid-1980s) where the Armed  Forces have
provoked riots and blamed them on "muslim fanatics".