South Asia Terrorism Portal

Bali Bombing Mastermind - Unpardonable Pardon

The announcement of the proposed release of Abu Bakar Ba'asyir, the mastermind of the 2002 Bali bombings and a number of other terrorist attacks, on humanitarian grounds sparked severe criticism in Indonesia and abroad. The unconditional pardon announced by the Indonesian President Joko Widodo was made conditional after Australian Prime Minister Scott Morison declared that Indonesia must "show respect" for Australian feelings and sentiments.

More than 200 people were killed in the Bali bombing, including 88 Australian citizens. Since then Australia has been keeping watch on the developments in trials of the people involved.

The conditions imposed on Ba'asyir include abiding by Pancasila (the five principles), which is Indonesia's ideological foundation, and includes the promotion of religious and political pluralism. Ba'asyir is required to swear loyalty to Indonesia's secular values and abjure terrorism to qualify for parole.

The spiritual leader of the Islamist group Jemaah Islamiyah, Ba'asyir was sentenced to 15 years imprisonment for his involvement in terror attacks and his association with militant training camps in Aceh province. The Aceh camp was raided in February 2010, resulting in more than 120 arrests. He still commands great respect and influence among followers.

The announcement of Ba'asyir's release appears to reflect a lack of coordination within President Widodo's office, and a failure to reconcile domestic and international perspectives. Domestically, the move is perceived as being politically motivated. As the moderate President Widodo prepares to make a bid for another term in the Presidential election of April, 2019, his opposition has accused him of being un-Islamic and criticised him for his indecisiveness. Widodo's strategy could, however, backfire, undermining voter support among moderate Muslims and non-Muslims.

Since the announcement of Ba'asyir's release, Australian authorities have been in close contact with the Indonesian Government. Australian Prime Minister, Morrison conveyed the Australian people's sentiments, particularly the families of the 88 Australians killed in the terror incident, the seriousness of the issue, and that the release was being watched by Australia very keenly.

Over the past decade, Australia has been prone to terrorist attacks and Islamist radicalisation. A series of reports of thwarted terrorist attacks in Australia has raised the security concerns. Though Ba'asyir's involvement in terrorist attacks has been confined mainly to Indonesian soil, his influence beyond borders, his organisational links with Al-Qaeda, and his failure to criticise the Islamic State (IS, also Daesh) remain problematic. Australia has been at the forefront among countries supporting the US-led War on Terror in Afghanistan and the fight against Daesh. Against this backdrop, Australia's concerns and objections on the proposed release of the Bali bombings' mastermind are genuine.

Not surprisingly, Prime Minister Morrison reacted quickly to the announcement of Ba'asyir's pardon, and he and other members of the Australian Government have been in direct contact with their Indonesian counterparts over Ba'asyir's impending release. On January 21, 2019, Morrison stated, "Australians died horrifically on that night, and I think Australians everywhere would be expecting that this matter was treated with the utmost seriousness by our government, which it is… But also, that the Indonesian government would show great respect for Australia in how they manage this issue."

While such actions are not uncommon in Indonesia, and terrorism convicts have often been pardoned before serving their full sentence. For example, in 2015, three terror suspects, Suparjo alias Sarwo Edi Nugroho, Amir Ahmadi alias Abu Jundi and Mahfud Qomari alias Sutarjo were freed after serving about eight years of a 10 years imprisonment sentence. The trio was part of the group of the alleged Jemaah Islamiyah 'military commander', Abu Dujana, and was said to be planning bombings, including a third Bali attack. However, Prime Minister Morrison emphasised that Australia and Indonesia need to ensure that their counter-terrorism efforts are on the same wavelength and that the partnership continues to foil extremism and terror attacks. The Indonesian Government must ensure that Abu Bakar does not engage in masterminding any further acts of terrorism or incitement of extremists. Australia's ties with Indonesia hit a rough patch recently over Canberra's decision to move the Australian Embassy from Tel Aviv to Jerusalem. While implementation of the proposal is still in process, relations between Canberra and Jakarta remain strained. The issue of Ba'asyir's release is a lurking danger which could further unsettle Australia-Indonesia diplomatic relations.

Ba'asyir support base among those who harbour radical views remains strong. Moreover, he has clearly been defying Indonesian law, and has shown disrespect for the secular-democratic fabric of the country. Though 80 years of age and physically weak, Ba'asyir remains unbowed. His popular appeal among radical elements remains a security concern not only for Australia, but Indonesia as well. Ba'asyir had earlier been denied parole because of his refusal to give up radical beliefs and rejection of the principals of Pancasila. Given the degree of influence he still exerts, a pardon will only percolate down to Islamist ideologues and supporters, and it openly demonstrates disrespect to the victims of gruesome terror attacks all over the world.

Guest Writer: Dr. Ashok Sharma
Adjunct Faculty/Visiting Fellow, UNSW Canberra at Australian Defence Force Academy
Adjunct Associate Professor, IGPA, University of Canberra
Deputy Chair at the New Zealand Institute of International Affairs, Auckland