The Malaysian government has abolished the “mandatory death penalty” for some criminal cases, such as those related to drugs and murder.
Kuala Lumpur (MidLand) – The second floor court of the Federal Court in Putrajaya, Malaysia, specifically considered the review of a number of death and life imprisonment cases on Thursday morning (1/11).
Suhirman Maksom (51), from Sumbawa, West Nusa Tenggara (NTB), sentenced to life imprisonment, was one of four Indonesian nationals (WNI) who took part in the trial.
The trial began around 9.00 local time. Several convicts appeared at the trial. They sat on two rows of long benches flanked by six rows of benches for visitors to the court, three on the left and three on the right.
At the beginning of the trial, one by one the condemned were invited to move to sit on another long bench in front of the two rows of benches on which they had previously sat.
The difference is that the long bench is surrounded by a barrier in the form of a wooden fence less than 1.5 meters high. Here you can also see a microphone, usually used by prisoners to answer questions from the jury.
In addition to Suhirman, who was wearing a white short-sleeved T-shirt and matching trousers that day, three other Indonesian citizens who were also on trial were present at the trial.
There’s Fernandez who risks the death penalty for a drug case. He was arrested on April 29, 2004 and that day the jury sentenced him to 30 years in prison from the date of his arrest and a further 12 lashes. The lawyer appointed by the Indonesian representation in Malaysia to accompany them in the trial, Selvi Sandrasegaram, estimates that he will only be free in about 4 months.
Then there is Mohd Nor Fauzi who also faces the death penalty in a drug case, he was arrested on July 13, 2000, and that day the jury sentenced him to 30 years in prison from the date of his arrest. He was free that day, according to Selvi.
Then there is Burhanuddin Bardan who also faces the death penalty, he was arrested on March 26, 2004 in a drug case, and that day the jury sentenced him to 30 years in prison from the date of his arrest and 12 lashes. His lawyer estimates that he will not be free for about 3 months after the last sentence.
Suhirman lecture
Suhirman, as an applicant for review (PK) of the life sentence imposed on him for violations under Section 4 of the Firearms Act 1971, was accompanied by a lawyer appointed by the Indonesian representative in Malaysia, namely Selvi Sandrasegaram.
During the trial, the lawyer stated according to the application that the appellant was 21 years old at the time of the incident and that no victim was injured in the incident when Suhirman displayed a firearm during a robbery attempt.
The lawyer told the jury that the appellant had expressed remorse and remorse, and had only appealed once to the High Court. After the High Court’s decision upheld that of the Sessions Court, Suhirman never appealed to the Court of Appeal.
“He truly regrets and accepts the decision,” the lawyer said at the hearing.
Suhirman has served a prison sentence of 32 years and 10 months since his arrest on March 2, 1991, and received a sentence of caning.
“We therefore humbly ask that the life sentence be replaced with a prison sentence of at least 30 years starting from the arrest on 2 March 1991”, reads the request presented by Selvi’s lawyer to the panel of judges.
The public prosecutor proposed a sentence of 20 to 40 years in prison, taking into account the crime committed and the fact that the appellant is a foreign citizen.
The chief judge asked Suhirman to serve the sentence again. And the courtroom was silent for a moment, less than 45 seconds, after the lawyer’s response.
“Our decision regarding the life sentence is annulled and replaced with a prison sentence of 32 years starting from the date of the arrest, which occurred on March 2, 1991”, reads the decision of the head of the panel of judges who presided that day the process.
Both the lawyer and Suhirman immediately thanked the three judges who held the trial that day.
“Thank you, Your Honour,” Suhirman told the Federal Court jury after hearing the verdict.
With this decision, Suhirman was free that day. The sentence he is serving is higher than the one he was given.
Return to Indonesia
Suhirman’s family, namely his brother, his sister-in-law and his nephew who were present at the trial, seemed very happy and immediately got up to approach Suhirman who was ordered to leave the courtroom.
Suhirman kissed the hand of his older brother, Baharuddin (52), who quickly hugged his younger brother even though both were blocked by a less than 1.5 meter high wooden fence separating the visitors’ area and the of the court.
Suhirman couldn’t hold back tears and his face turned red after kissing his brother’s hand. And Baharuddin responded with a smile.
After the trial, Baharuddin, who always faithfully accompanied his younger brother by visiting him once or twice a month in prison, admitted that he was very grateful. Initially, he thought there was no hope for his younger brother, as his appeal in the High Court had failed.
“This That’s good can be “seduced”. “There is help from the Indonesian government,” Baharuddin said.
He admitted that he had tried several times to advise his younger brother to appeal or go to court again, but he always refused because he had given up.
The approach of the Consulate General of the Republic of Indonesia, Johor Bahru, which facilitated Suhirman’s PK request, finally gave him new hope.
Suhirman, who left his hometown in 1987 with Baharuddin by boarding a boat for 29 days from Sumbawa to Batam before reaching Malaysia, was awaited by his brothers and sisters in Sumbawa to return home. Their parents died long ago, as did Suhirman’s two younger brothers. They are nine brothers.
Baharuddin said he would no longer allow his younger brother to leave Indonesia and suggested he start a business in Sumbawa.
Malaysian legislative reform
The Malaysian government has implemented legal reforms by enacting the Mandatory Death Penalty Abolition Act, 2023 (UU 846), which came into force on 4 July 2023, as well as the Death Penalty and Life Imprisonment (Provisional Jurisdiction of the Federal Court) Act ) of 2023. (UU 847) on 12 September 2023.
The coming into force of these two laws in implementing the trial mechanism allows 1,020 prisoners who have been sentenced to death or life imprisonment in Malaysia to approach the court to review their sentences.
Priorities for implementing this mechanism include factors such as the prisoner’s age, level of health, and the length of time the prisoner has served his or her sentence and other considerations.
Minister in the Prime Minister’s Department (Legal and Institutional Reforms) Malaysia Azalina Othman Said in a statement said the implementation of the law gives those sentenced to death and life imprisonment a second chance to return to society and family and continue their lives as citizens. .
Presence of the State
The Indonesian government, through its representatives in Malaysia, is following the implementation of these two laws.
All Indonesian representatives in Malaysia visited all prisons in Malaysia, both on the peninsula and in Sabah and Sarawak, to collect data on Indonesian citizens facing death sentences and life imprisonment. They also collect the necessary evidence to support the legal proceedings when a judicial review (PK) request is made.
Indonesian Ambassador Extraordinary and Plenipotentiary to Malaysia Hermono said as many as 78 cases of Indonesian citizens have been submitted for PK to the Federal Court. A total of 54 cases are found in the peninsula and 24 cases in the Sabah and Sarawak regions.
He said he welcomed the Malaysian government’s policy to abolish it mandatory death penalty for some criminal cases, such as drug and murder cases involving a number of Indonesian citizens or Indonesian migrant workers (SMEs).
The Indonesian government through the Embassy of the Republic of Indonesia and the Consulate General of the Republic of Indonesia in Malaysia has appointed lawyers to provide legal assistance to SMEs who have been sentenced to death or life imprisonment.
The Indonesian representative in Malaysia also facilitated the repatriation of Indonesian citizens for those who were finally free and had their data returned to Indonesia.
Publisher: Achmad Zaenal M
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