Case Law Database

Smuggling of migrants

Offences

• Enabling illegal entry
• Financial or other material benefit (to smuggler)

Pengadilan Negeri Rangkasbitung Putusan Nomor 209/Pid.Sus/2012/PN.Rkb

Fact Summary

46 smuggled migrants originating from Iran left Binuangeun on a boat destined for Australia, but were quickly forced to return when their vessel struck a reef and began taking on water. Some of the migrants and one smuggler were later apprehended on the Indonesian mainland. The smuggler, an Indonesian national by the name of Aser Kedoh bin Michael, was charged with offences relating to smuggling of migrants.

The accused was offered IDR 20,000,000 to captain the vessel, but never received payment.

Cross-Cutting Issues

Liability

... for

• completed offence
• attempt

... as involves

• principal offender(s)

Investigation Procedure

Confiscation and Seizure

Seized Property

One boat, 13m x 3.6m.

 

Procedural Information

Legal System:
Civil Law
 
Proceeding #1:
  • Stage:
    first trial
  • Official Case Reference:
    Pengadilan Negeri Rangkasbitung Putusan Nomor 209/Pid.Sus/2012/PN.Rkb
  • Decision Date:
    Mon Jan 21 00:00:00 CET 2013

    Court

    Court Title

    Pengadilan Negeri

     

    Location

  • City/Town:
    Rangkasbitung
  • Province:
    Lebak Regency, Banten
  • • Criminal

    Description

    The accused was found guilty of the primary charge; 'attempted people smuggling.'

     

    Outcome

  • Verdict:
    Guilty
  • Sentences

    Sentence

    Term of Imprisonment:
    5 years
     

    The following factors were listed in the sentencing remarks as mitigating the imposition of a harsh sentence:

    The accused was the 'backbone,' of his family.
    The accused was polite and acknowledged his actions in order to streamline trial proceedings.
    The defendant regretted his actions and promised not to repeat them in the future.
    The defendant had not previously been convicted nor previously dealt with the authorities.

    Fine

    Payment

    500000000 IDR

    Remark

    Failure to pay the fine would result in a further 1 month imprisonment.

     

    Migrants

    Migrant:
    46 persons
    Nationality:
    Iranian

    Defendants / Respondents in the first instance

    Defendant:
    Aser Kedoh bin Michael
    Gender:
    Male
    Nationality:
    Indonesian
    Age:
    57
    Born:
    1954

    Another crew member, known as 'Peter,' is listed as being at large.

    Charges / Claims / Decisions

    Defendant:
    Aser Kedoh bin Michael
    Statute:
    Law 6/2011 concerning ImmigrationArt 120(2) - attempted people smuggling
    Charge details:

    The accused was a crew member aboard a vessel intended to transport smuggled migrants to Australia.

    Court

    Pengadilan Negeri (District Court)

    Sources / Citations

    Pengadilan Negeri Rangkasbitung Putusan Nomor 209/Pid.Sus/2012/PN.Rkb

    This entry was copied from The Migrant Smuggling Case Database, launched by the University of Queensland Migrant Smuggling Working Group in August 2013.