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Country Reports on Terrorism 2012

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February, the Supreme Court rejected the appeal of Abu Bakar Ba’asyir to overturn his<br />

c<strong>on</strong>victi<strong>on</strong> <strong>on</strong> charges of terrorism and reinstated a 15-year sentence. This reversed an October<br />

2011 decisi<strong>on</strong> wherein judges at the Jakarta High Court threw out the original 15-year sentence<br />

and issued a nine-year jail term based <strong>on</strong> lesser charges.<br />

In mid-April, seven members of a radical group were found guilty of plotting to pois<strong>on</strong> the water<br />

and food supplies at a police cafeteria in Jakarta and sentenced to jail terms ranging from three to<br />

five years. This case prompted authorities to express c<strong>on</strong>cern about terrorists obtaining chemical<br />

and biological agents for use in attacks.<br />

On June 21, judges at the West Jakarta District Court announced a guilty verdict and 20-year jail<br />

sentence for Umar Patek. The trial lasted four m<strong>on</strong>ths and featured testim<strong>on</strong>y from victims and<br />

legal experts, including American witnesses. Patek was found guilty <strong>on</strong> all six counts for terrorist<br />

acti<strong>on</strong>s spanning more than a decade. He was the last remaining terrorist yet to be sentenced for<br />

the 2002 Bali bombings, for which he was the principal bomb maker.<br />

Ind<strong>on</strong>esia remained an important partner nati<strong>on</strong> in the Department of State’s Antiterrorism<br />

Assistance program, which provided enhanced training in investigative and tactical skills for<br />

Ind<strong>on</strong>esian Nati<strong>on</strong>al Police officers, including elite units that regularly c<strong>on</strong>ducted major<br />

operati<strong>on</strong>s against terrorists in the regi<strong>on</strong>.<br />

Countering Terrorist Finance: Ind<strong>on</strong>esia bel<strong>on</strong>gs to the Asia/Pacific Group <strong>on</strong> M<strong>on</strong>ey<br />

Laundering, a Financial Acti<strong>on</strong> Task Force (FATF)-style regi<strong>on</strong>al body. In February <strong>2012</strong>, FATF<br />

placed Ind<strong>on</strong>esia <strong>on</strong> its Public Statement list because of Ind<strong>on</strong>esia’s failure to make sufficient<br />

progress in implementing its anti-m<strong>on</strong>ey laundering/combating the financing of terrorism acti<strong>on</strong><br />

plan. Ind<strong>on</strong>esia faces possible FATF sancti<strong>on</strong>s for failure to pass terrorist financing<br />

legislati<strong>on</strong>. At year’s end, revised terrorist financing legislati<strong>on</strong> was pending before parliament.<br />

Ind<strong>on</strong>esia c<strong>on</strong>tinued to lack a comprehensive law to implement UNSCRs 1267 and 1373, though<br />

the AML legislati<strong>on</strong> provides for the freezing of terrorist assets linked to the UN List of<br />

designated terrorists and terrorist organizati<strong>on</strong>s. The Ind<strong>on</strong>esian Financial Intelligence Unit<br />

routinely shared designated terrorists and terrorist entities with banks nati<strong>on</strong>ally through the<br />

Central Bank of Ind<strong>on</strong>esia, but this had little effect since Ind<strong>on</strong>esian authorities have not used<br />

existing regulati<strong>on</strong>s to freeze assets under UNSCR 1267. For example, Ind<strong>on</strong>esia made little to<br />

no progress in freezing assets of JAT and three of its members after they were placed <strong>on</strong> the<br />

UNSCR 1267 list in March and April. Prosecutors and police need additi<strong>on</strong>al training to be able<br />

to c<strong>on</strong>vincingly follow and explain the m<strong>on</strong>ey trail in a court of law. Judges also need training <strong>on</strong><br />

m<strong>on</strong>ey laundering and financial crimes. Corrupti<strong>on</strong>, particularly within the police ranks, also<br />

impeded effective investigati<strong>on</strong>s and prosecuti<strong>on</strong>s. Charitable and religious instituti<strong>on</strong>s remained<br />

largely unregulated, although the Ind<strong>on</strong>esian government was looking at creating an<br />

administrative process to m<strong>on</strong>itor n<strong>on</strong>-profit organizati<strong>on</strong>s.<br />

For further informati<strong>on</strong> <strong>on</strong> m<strong>on</strong>ey laundering and financial crimes, we refer you to the 2013<br />

Internati<strong>on</strong>al Narcotics C<strong>on</strong>trol Strategy Report (INCSR), Volume 2, M<strong>on</strong>ey Laundering and<br />

Financial Crimes: http://www.state.gov/j/inl/rls/nrcrpt/index.htm.<br />

Regi<strong>on</strong>al and Internati<strong>on</strong>al Cooperati<strong>on</strong>: A founding member of the Global Counterterrorism<br />

Forum (GCTF), Ind<strong>on</strong>esia and Australia co-hosted the GCTF’s inaugural South East Asia<br />

45

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