Explainer: Is Bali Bomber Umar Patek Being Released Early?
News that the convicted Bali Bomber may be released from prison after serving just 11 years of a 20 year sentence has caused outrage
What is the issue?
Both local and international media have reported for several months that convicted terrorist Umar Patek (52) is about to be released from prison “early” after serving just 11 years of a 20 year sentence for his role in the Bali Bombing.
What is the Bali Bombing?
On 12 October 2002, members of the hardline Islamic group Jemaah Islamiyah (JI) set off a series of bombs in Kuta, a popular nightlife spot on the island of Bali, which left 202 people (and two suicide bombers) dead.
Who is Umar Patek?
Umar Patek, sometimes known as Umar Arab, is an Indonesian national of Middle Eastern descent and a former member of Jemaah Islamiyah. Following the Bali Bombing, Patek went on the run before being captured in Abbottabad in Pakistan in 2011. He was extradited to Indonesia and sentenced in 2012.
Why is Patek in prison?
He was imprisoned after being found guilty of mixing some of the bomb making materials used in Bali Bombing.
Why is Patek being released early from prison?
He isn’t. Patek has served 11 years of his 20 year sentence and is now eligible to apply for parole. This is not a sentence reduction, but a standard legal mechanism in Indonesia which most prisoners qualify for.
What is parole?
Parole means that an individual is released from prison but is closely monitored and can be returned if they violate the law or any terms of their parole. Under Indonesian law, individuals become eligible for parole once they have served two-thirds of their sentences minus any remission time they may have received. Parole is not an automatic process, it has to be applied for and approved by the Ministry of Law and Human Rights.
How does Patek qualify for parole?
He has served two-thirds of his sentence with time already served (11 years) plus the remission time he has already received (33 months).
What is remission time?
All prisoners in Indonesia can apply for remission which is time given off the length of their sentence for good behaviour. Remission (time off for good behaviour) and parole (early release with monitoring) are different things.
How is remission time granted?
Prisoners usually receive remission time on Indonesia’s Independence Day on 17 August (known as Remisi Umum or General Remission) and on religious holidays such as Christmas or Idul Fitri depending on their religion (known as Remisi Khusus or Special Remission). In total, a prisoner can expect to serve around two-thirds of their original sentence with one-third deducted for remission time. Patek has received 33 months or 120 days of remission time since his arrest.
Is anyone ineligible for remission and parole in Indonesia?
Prisoners sentenced for drugs offences, corruption and terrorism can apply for remission and/or parole in the same way as other prisoners, but with certain extra conditions. Convicted terrorists have to pledge their allegiance to the Indonesian State in order to qualify, which Patek has done.
Will Patek definitely be released on parole?
Not necessarily. His parole will have to be approved by the Ministry of Law and Human Rights in consultation with the prison authorities and input from other stakeholders like Indonesia’s Counter Terrorism Unit. It is possible that he will never be approved for parole, in which case he will stay in prison until he serves his sentence (minus remission time).
What has been the reaction to news of a potential release?
The Australian authorities, perhaps misunderstanding how Indonesia’s prison system works, have raised their concerns about any potential release with Prime Minister Albanese saying he would make “diplomatic representations” to Indonesia about Patek’s sentence and calling him “abhorrent”. 88 Australians were killed in the Bali Bombing.
Conclusions?
Patek will be released from prison sooner or later. He could be released imminently if he is granted parole, or at a later date if his parole is denied and he only qualifies for remission time. Either way, unless he reoffends in prison, there is no legal mechanism to keep him locked up indefinitely.
Further reading:
Indonesia reducing Bali bomber’s sentence upsetting: Australia PM - Al Jazeera
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Disclaimer: This post does not constitute legal advice. While every effort has been made to translate legal documents accurately from Indonesian to English, the contents of this newsletter is for information only based on Hukum’s understanding of the law.