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Special Report NO. 36/I/May 15 - 21, 2001
Three Strikes Against a Commander
For the sake of peace in Maluku, the commander of the Laskar Jihad has been
arrested. But is he guilty of a organizing a stoning?
Ja'far Umar Thalib had no idea his trip from Yogyakarta to Makassar at the beginning of May would finish in Jakarta—in a small police detention cell. Accompanied by six bodyguards, the Laskar Jihad commander was relaxing and enjoying his flight aboard a Pelita aircraft. But when he changed planes at Surabaya's Juanda Airport, he was pounced on by some 20 police officers who apparently had followed him from Yogyakarta. The bright-eyed and bearded man did not move. He didn't even resist when he was escorted to Jakarta and detained at National Police headquarters.
The Laskar Jihad force has recently become well known. It is the military wing of the Ahlussunah Wal Jamaah Communication Forum—a federation of Islamic organizations whose members have consistently defended their Muslim brethren in the religious conflict in Maluku. They recruited volunteers (there are now 13,000 members) and sought funds in Java to be sent to Maluku, the site of a bloody conflict that has claimed tens of thousands of lives in the last two years.
Unfortunately, the arrest of Jaf'ar caused restlessness to spread among the Laskar Jihad membership. Last week, hundreds of Laskar Jihad members went to the place where their commander is being held. Led by Ahlussunah Wal Jamaah Communication Forum chairman Ayip Syafruddin, they wanted to see Ja'far Umar. Tension between the white-robed fighters and the police ensued. However, the police refused to compromise. Only 25 people were allowed to enter. The police also confiscated a bulletproof vest and 26 sticks from the fighters' Carry car.
In Ambon, hundreds of Laskar Jihad members demonstrated for three consecutive days. Led by Kiai Haji Ali Fauzi, they gathered in front of the An Nur Mosque in Batumerah, at the edge of the town. According to one Laskar Jihad member there, Ja'far's arrest was engineered for political reasons. He called on the police to release Ja'far immediately.
The police themselves have good reasons for detaining Ja'far. Apart from being suspected of attacking another religion (Criminal Code, Article 156a), Ja'far is accused of murder (Article 340) and even of pre-meditated murder: severe mistreatment resulting in death (Article 355).
The first charge is in connection with the activities of the Laskar Jihad in Maluku. Many people hope that the conflict in Maluku will die down, or will more easily be brought to an end. It is not just Muslim figures that have been arrested. In the same week, the police also sent Aleks Manuputty, chairman of the Maluku Front, enemy of Laskar Jihad, to police detention in Jakarta. According to head of the police Information Center Inspt. Gen. Didi Widayadi, Aleks was arrested in Ambon on April 30, but has only just been transferred to Jakarta. He is accused of rebelling against the state (Criminal Code, Article 106). This is a result of Aleks raising the flag of the Republic of South Maluku—a separatist movement—in Kudamati village, Ambon, on April 25.
Although belated, the arrest of these two leaders will have a positive impact for peace in Maluku, says deputy leader of the Maluku Provincial Legislative Council (DPRD) John Mailoa. This is because there are many cases in Maluku that the two are connected with. According to John, the results of the investigations of these two should enable the police to bring down the curtain on the Maluku tragedy.
Maluku governor Saleh Latuconsina—a Muslim—agrees. He says that for a long time, he has been asking for the Laskar Jihad to be withdrawn from the area. Many of the local Muslims, says Latuconsina, want peace, but the Laskar Jihad always gets in the way.
President Abdurrahman Wahid has in the past criticized the actions of the Laskar Jihad in Maluku. In April last year, the Laskar Jihad answered his criticisms with a large demonstration in Jakarta: wearing white robes and carrying unsheathed swords, they paraded about the capital.
Ja'far Umar even organized a demonstration of his fighters in front of the State Palace. When given a chance to hold discussions with the president, Ja'far put forward a harsh criticism. He said that before and after becoming president, Abdurrahman "always favored the Christians."
Although the president forbade it, Ja'far eventually sent thousands of his fighters to Maluku. Strangely, the security forces seemed to allow this to happen. According to Umar Abduh, an expert on religious movements from the National Institute of Sciences, it seems the security forces needed the help of the Laskar Jihad to fight the Republic of South Maluku (RMS) movement.
Was Ja'far arrested because he disobeyed the president? Presidential spokesman Adhie Massardi denies there is any connection. He says the consideration in the matter of Ja'far's arrest was stopping violence in Indonesia, especially in Maluku. He also says there was no order from the president for the arrest. Although there was no presidential order, Ja'far was proven to have carried out violent acts, so he was arrested.
Ja'far is not short of defenders. Hartono Mardjono, coordinator of Ja'far Umar Thalib's legal advisors and a member of the Crescent Star Party (PBB) faction in the House of Representatives (DPR), is surprised at the police accusation of attacking another religion. He says that when Ja'far and his fighters went to Maluku in April last year, the region was already rocked by conflicts between Muslims and Christians. The Laskar Jihad only wanted to help fellow Muslims. Its members also wanted to fight against the group that wanted to set up the RMS. So "Ja'far Umar deserves a medal," he says.
Habib Husein Al Habsy, president of the Ikhwanul Muslimin believes that Ja'far has merely been made a peace offering in the bargaining between Western countries and the government of Abdurrahman Wahid. "If he hadn't been arrested, it would've be difficult for western aid to flow." The possibility of western pressure is also raised by Hartono Mardjono.
What is no less problematical is the second police charge that Ja'far "carried out pre-meditated murder." This charge is in connection with the way he led a 'street court' that led to the sentence of stoning on Abdul Rohim, a member of the Laskar Jihad. The 27-year-old man, who had admitted to committing adultery, was buried up to his waist and stoned to death.
The execution, which was witnessed by hundreds of inhabitants of the village of Ahuru, Ambon, took place March 27. It started with a sermon read by Ja'far Umar Thalib. Then the former Muslim volunteer who was once sent to Afghanistan asked Abdul Rohim, "Are you ready?" The prisoner replied: "God willing, I am ready." Another person suggested in a whisper that he should retract his confession, but Abdul Rohim refused. So the sentence was carried out. Shouts of Allahu Akbar (God is great) rang out, stones were thrown and a harrowing scream was heard.
To the commander, the death by stoning is part of the implementation of syariah (Islamic law) in Ambon. And it is seen as valid in the area long engulfed by inter-religious conflict. The reason being, according to Ja'far, is that there is no longer any law. What is more important, says the 40-year-old man, is that "The implementation of syariah was agreed to by the people, it was not forced on them."
This agreement, according to Ayip Syafruddin, was included in a pledge that was read out at the Al Fatah Mosque in Ambon on January 8. As well as applying to Laskar Jihad members, the law also covers Muslims living in Ambon. Ayip admits that the implementation of the law has not yet been submitted to the DPR. It would be impossible to obtain the agreement of the DPRD because most of the members are Christians. But according to the Ahlussunah Wal Jamaah leader, those who carry out syariah cannot be tried. This is because anybody is allowed to follow any traditional law, and that person is protected, says Ayip.
Lawyer Hartono Mardjono also calls into question the validity of the accusation. He admits to being surprised that a person can be blamed for following the teachings of his or her religion. If the police follow the letter of the law, says Hartono, people who circumcise their children can be arrested for ill treatment.
Stoning is certainly not a step forward for law in Maluku, or in Indonesia. But if the police become involved in religious matters, that is another issue. Because of this, Din Syamsuddin, secretary of the Indonesian Ulemas Council, has asked the police to be careful in dealing with this case.
And now, as the political situation heats up, the Ja'far case has the potential to trigger a wider conflict.
Gendur Sudarsono, Agus S. Riyanto, Purwani Diyah Prabandari and Friets Kerlely (Ambon)
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