The Amrozi Bali bombing case: is Indonesia's anti-terrorism law unconstitutional?

Terrorism Australia Indonesia

On 8 August 2003, Amrozi bin Nurhasyim was found guilty of various charges relating to his purchase of the Minivan and bomb-making chemicals used in the Bali bombings of 12 October 2002. These charges were laid under an anti-terrorism regulation that was proclaimed by President Megawati one week after the Bali bombings.

An initial appeal to the High Court against Amrozi's conviction was heard in September but the conviction was upheld. An appeal has now been lodged with the Supreme Court. One of the main grounds for appeal is that the anti-terrorism regulation breaches the prohibition against retrospective prosecution in Article 28I(1) of Indonesia's Constitution. This constitutional issue - outlined by Angus Martyn in this Research Note - will likely eventually be decided by the newly formed Constitutional Court.

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