ASEAN Beat | Society | Southeast Asia

How an Indonesian Crewman Escaped the Death Penalty After the Country’s Largest Ever Drug Bust

However, prosecutors are appealing the five-year sentence handed to 22-year-old Fandi Ramadhan for his role in the trafficking of nearly two tonnes of methamphetamines.

The case of the Thai-flagged tanker, the Sea Dragon, captivated Indonesia after the boat was raided in waters off the country’s Riau Islands last May, with almost two tonnes of methamphetamines aboard.

It was the largest drug haul in Indonesia’s history, but the case swiftly became a test of the Indonesian legal system and, in particular, the new Criminal Code, which came into effect in January of this year.

The conversation began after the crew of the Sea Dragon – two Thai nationals and four Indonesians – were swiftly arrested and the Indonesian public prosecutor asked for an unprecedented sentence: death by firing squad for all of the accused.

This included 22-year-old Fandi Ramadhan, an oiler in the engine room of the Sea Dragon, who had only been aboard the boat for three days before his arrest.

While the request for the death penalty in a drugs case was not in itself unusual under Indonesian law, the proposed death sentences for all aboard – from the most senior to most junior crew – raised questions about whether all six men should be held equally culpable for the drugs which were disguised in packets of Chinese tea.

In Ramadhan’s telling, he had no idea that the packages of tea contained drugs, and had only accepted work on the Sea Dragon to help pay for his younger siblings’ school fees.

His legal team also argued in court that he could not be held responsible for the cargo of the ship, and had just been following orders from the captain of the Sea Dragon when he boarded the boat and got to work in the engine room.

There was also the question of whether the prosecutor’s request was appropriate when, in recent years, Indonesia has been seen to be quietly phasing out the death penalty.

Under Indonesian criminal law, the death penalty can be handed down for certain offences, including drug trafficking, terrorism, premeditated murder, treason, corruption, and gross human rights violations. However, the new code places greater emphasis on rehabilitation rather than strict punitive punishments.

Under the new code, a complete overhaul of the previous code drafted during the Dutch colonial period, any death sentence now comes with a 10-year grace period. If, within this decade in prison, prisoners have demonstrated good behaviour and reform, the death sentence can now be downgraded to life in prison.

While Indonesian courts still hand down death sentences, Indonesia has also for years invoked an informal moratorium on the death penalty. The last executions took place in 2016, when four convicted drug smugglers, including three Nigerian nationals and an Indonesian, were executed by firing squad.

In the case of the Sea Dragon, the plight of the crew came to public attention when Ramadhan’s family launched a campaign to lobby for his release.

For their part, the prosecution maintained that the death sentences were warranted, as Ramadhan had been aware of the drugs on the Sea Dragon due to their location, as some were stashed in the engine room where he worked – an allegation he denied.

Prosecutors also claimed that he had received a suspicious payment before he went to work on the boat of some $482, which they alleged had been funds for taking part in the drug smuggling operation.

Ramadhan and his family maintained that this was advanced wages.

On March 5, the verdict was finally handed down by the court in Batam.

Ramadhan escaped the death penalty and received a five-year prison sentence after he was found guilty of working as an intermediary in the sale, purchase, and distribution of narcotics. In her sentencing remarks, the presiding judge in the case referenced the new Criminal Code, Ramadhan’s young age and the chance of rehabilitation.

The ship’s captain and a senior crew member were sentenced to life imprisonment, while another, more junior crew member received a 15-year term. The two Thai nationals aboard the Sea Dragon were sentenced to life imprisonment and a 17-year term, respectively.

While something of a legal victory in Ramadhan’s case, due to the disparity between the prosecution’s demands and the relatively light sentence, the crewman and his family were disappointed, having hoped that he would be fully acquitted.

In another turn of events, the prosecution announced that it would be appealing the sentences for all six members of the Sea Dragon crew. While prosecutors in Indonesia have the option not to appeal a sentence, they often choose to do so in cases where the sentence is significantly lower than requested.

Speaking to The Diplomat, Ramadhan’s mother, Nirwana, who like many Indonesians uses a single name, said that he too had chosen to appeal his sentence, although he would not have done so had the prosecution not launched an appeal first.

“We were relieved that it was a relatively light sentence compared to the death penalty, but we were also disappointed,” she said, adding that they had hoped he would be freed and the family name “rehabilitated” following his arrest.

With time already spent in prison and remission for good behavior, Ramadhan should be released within a few years but, as he has been found guilty of drug-related charges, he will now always carry the stigma of a convicted criminal.

Yet despite the family’s disappointment, to many watching, the five-year sentence the junior crewman received was a positive test of the Indonesian legal system and the rehabilitative nature of the new Criminal Code. It also demonstrated an independent judiciary, unswayed by the demands of the public prosecutor.

For everyone involved, however, the future is uncertain.

Whether the panel of appeal judges will overturn the charges completely and finally free Ramadhan, or raise the sentence in line with the prosecution’s demands, remains to be seen, and it will be interesting to see what kind of legacy the story of the Sea Dragon will leave.

Will this be a case where a young seaman escaped the death penalty, or will his light sentence be overturned and a heavier one imposed?

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The case of the Thai-flagged tanker, the Sea Dragon, captivated Indonesia after the boat was raided in waters off the country’s Riau Islands last May, with almost two tonnes of methamphetamines aboard.

It was the largest drug haul in Indonesia’s history, but the case swiftly became a test of the Indonesian legal system and, in particular, the new Criminal Code, which came into effect in January of this year.

The conversation began after the crew of the Sea Dragon – two Thai nationals and four Indonesians – were swiftly arrested and the Indonesian public prosecutor asked for an unprecedented sentence: death by firing squad for all of the accused.

This included 22-year-old Fandi Ramadhan, an oiler in the engine room of the Sea Dragon, who had only been aboard the boat for three days before his arrest.

While the request for the death penalty in a drugs case was not in itself unusual under Indonesian law, the proposed death sentences for all aboard – from the most senior to most junior crew – raised questions about whether all six men should be held equally culpable for the drugs which were disguised in packets of Chinese tea.

In Ramadhan’s telling, he had no idea that the packages of tea contained drugs, and had only accepted work on the Sea Dragon to help pay for his younger siblings’ school fees.

His legal team also argued in court that he could not be held responsible for the cargo of the ship, and had just been following orders from the captain of the Sea Dragon when he boarded the boat and got to work in the engine room.

There was also the question of whether the prosecutor’s request was appropriate when, in recent years, Indonesia has been seen to be quietly phasing out the death penalty.

Under Indonesian criminal law, the death penalty can be handed down for certain offences, including drug trafficking, terrorism, premeditated murder, treason, corruption, and gross human rights violations. However, the new code places greater emphasis on rehabilitation rather than strict punitive punishments.

Under the new code, a complete overhaul of the previous code drafted during the Dutch colonial period, any death sentence now comes with a 10-year grace period. If, within this decade in prison, prisoners have demonstrated good behaviour and reform, the death sentence can now be downgraded to life in prison.

While Indonesian courts still hand down death sentences, Indonesia has also for years invoked an informal moratorium on the death penalty. The last executions took place in 2016, when four convicted drug smugglers, including three Nigerian nationals and an Indonesian, were executed by firing squad.

In the case of the Sea Dragon, the plight of the crew came to public attention when Ramadhan’s family launched a campaign to lobby for his release.

For their part, the prosecution maintained that the death sentences were warranted, as Ramadhan had been aware of the drugs on the Sea Dragon due to their location, as some were stashed in the engine room where he worked – an allegation he denied.

Prosecutors also claimed that he had received a suspicious payment before he went to work on the boat of some $482, which they alleged had been funds for taking part in the drug smuggling operation.

Ramadhan and his family maintained that this was advanced wages.

On March 5, the verdict was finally handed down by the court in Batam.

Ramadhan escaped the death penalty and received a five-year prison sentence after he was found guilty of working as an intermediary in the sale, purchase, and distribution of narcotics. In her sentencing remarks, the presiding judge in the case referenced the new Criminal Code, Ramadhan’s young age and the chance of rehabilitation.

The ship’s captain and a senior crew member were sentenced to life imprisonment, while another, more junior crew member received a 15-year term. The two Thai nationals aboard the Sea Dragon were sentenced to life imprisonment and a 17-year term, respectively.

While something of a legal victory in Ramadhan’s case, due to the disparity between the prosecution’s demands and the relatively light sentence, the crewman and his family were disappointed, having hoped that he would be fully acquitted.

In another turn of events, the prosecution announced that it would be appealing the sentences for all six members of the Sea Dragon crew. While prosecutors in Indonesia have the option not to appeal a sentence, they often choose to do so in cases where the sentence is significantly lower than requested.

Speaking to The Diplomat, Ramadhan’s mother, Nirwana, who like many Indonesians uses a single name, said that he too had chosen to appeal his sentence, although he would not have done so had the prosecution not launched an appeal first.

“We were relieved that it was a relatively light sentence compared to the death penalty, but we were also disappointed,” she said, adding that they had hoped he would be freed and the family name “rehabilitated” following his arrest.

With time already spent in prison and remission for good behavior, Ramadhan should be released within a few years but, as he has been found guilty of drug-related charges, he will now always carry the stigma of a convicted criminal.

Yet despite the family’s disappointment, to many watching, the five-year sentence the junior crewman received was a positive test of the Indonesian legal system and the rehabilitative nature of the new Criminal Code. It also demonstrated an independent judiciary, unswayed by the demands of the public prosecutor.

For everyone involved, however, the future is uncertain.

Whether the panel of appeal judges will overturn the charges completely and finally free Ramadhan, or raise the sentence in line with the prosecution’s demands, remains to be seen, and it will be interesting to see what kind of legacy the story of the Sea Dragon will leave.

Will this be a case where a young seaman escaped the death penalty, or will his light sentence be overturned and a heavier one imposed?

Aisyah Llewellyn is a British writer based in Indonesia and a columnist for The Diplomat.

Indonesia criminal code

Indonesia Criminal Law Procedure Code

Indonesia death penalty

Indonesia legal system

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