In this case, four Iraqi and Iranian migrants were told in Jakarta to travel by air to Lombok in order to continue their journey to Australia. They were informed that someone would pick them up from the airport when they arrived. Upon arriving at the airport they were intercepted by local police and immigration officials, who queried the reason for their journey. The authorities then permitted them to continue their journey in order to catch those who had arranged their voyage. The organisers were subsequently arrested and charged with offences relating to migrant smuggling.
The defendant was reportedly offered IDR 2,000,000 for his role in smuggling migrants.
Pengadilan Negeri
In this trial, one of the accused, Mr Burhanuddin was found guilty on charges relating to migrant smuggling.
The judgment lists the following alleviating factors:
The defendant's politenes during trial.
The defendant's status as the 'backbone,' of his family.
Failure to pay the fine would result in a further 3 months imprisonment.
Pengadilan Tinggi
The defendant submitted an appeal, alleging that the element requiring the obtaining of a financial benefit had not been met. This appeal was rejected and the sentence of the lower court confirmed.
Pengadilan Negeri
In this trial, Messrs Martin and Mingki, were convicted for his involvement in the smuggling venture.
Failure to pay the fine would result in a further 3 months imprisonment
Pengadilan Tinggi
It was noted in the appeal judgment that the minimum sentence under Law 6/2011; Art 120(1) was 5 years imprisonment. The appeal verdict reflect this statutory minimum.
It is stated in the judgment of Mr Burhanuddin that three of the four migrants were in immigration detention awaiting deportation at the time of their trial.
The accused had a previous conviction for an unspecified immigration offence dating from 2008, in Selong, Lombok.
A co-conspirator named as 'Suparman,' is mentioned as being at large.
It appears that the accused was an organiser, who arranged for the transportation of the migrants after they arrived at the Lombok airport.
Martin was a subordinate of Burhanuddin, who is mentioned in the trial of Burhanuddin as being prosecuted on a separate file.
Pengadilan Tinggi (High Court)
Pengadilan Negeri Praya Putusan Nomor 125/Pid.B/2012/Pn.Pre
Pengadilan Tinggi Mataram Putusan Nomor 24/PID/2013/PT.Mtr
This entry was copied from The Migrant Smuggling Case Database, launched by the University of Queensland Migrant Smuggling Working Group in August 2013.
It is mentioned in passing that one of smuggled migrants who met with the party travelling to Lombok was a man named Heider Ali. It is uncertain whether this is the same man who was convicted of an immigration offence on the 3rd of October, 2011 in the District Court of Cibadak. If so, Mr Heider Ali would only have been out of prison for a very short time at the time of detection, and it is unknown why he would require smuggling to Australia when he is an Australian national.