ATTORNEY-GENERAL'S OFFICE BANDA ACEH P-29
"FOR TRIAL" BANDA ACEH P-29" 

CHARGE SHEET 
Case No.: PDM 53/B.ACEH/07/2003

A) The accused,

B. Detention

Held by investigators : From 31 May 2003 to 27 September 2003
Held by public prosecutors : From 15 July 2003 to 3 August 2003

C. ---------------------------------------- CHARGES-------------------------------------

FIRST,
PRIMARILY,

That the accused H.SOFYAN BIN IBRAHIM TIBA, acting both alone and with T.MUHAMMAD Bin USMAN, AMNI Bin AHMAD MARZUKI, NASHIRUDDIN Bin AHMAD dan T.KAMARUZZAMAN bin T.SYAHBUDDIN (each to be tried separately), acting with members of the Acehnese Independence Movement (GAM) in the field, 

at dates and times that cannot be precisely determined, but in an ongoing manner from 18 October 2002 until the accused's arrest on 19 May 2003 by the Regional Emergency Military Authority for Nanggroe Aceh Darussalam province, or at the least at different times from 18 October 2002 until 2003, 

at the Hotel Kuala Tripa, Jalan Teungku Abdullah Uhong Rimba No. 24, Banda Aceh, or at other places that remain within the legal authority of the Banda Aceh State Court, or at other places within the province of Nanggroe Aceh Darussalam ( based on Article 84 Subsection 2 of the Criminal Code, the Banda Aceh court has the authority to try the accused),

has engaged in unlawful conspiracy to, attempts to commit or forms of assistance to terrorist activity as defined in articles 6,7,8,9,10,11 and 12 carried out by the defendant in the following ways: 

That in the month of June 2000 the accused was appointed as a member of the United Action for Humanity Committee (Komite Bersama Aksi Kemanusiaan - KBAK) representing the Acehnese Independence Movement (GAM).

also, from the month of September 2000 until July 2001 the accused was appointed as a member of the United Committee for Modalities of Security (Komite Bersama Modalitas Keamanan -KBMK) also representing GAM,

after that, on 20 December 2002 the accused together with NASHIRUDDIN bin AHMAD, AMRI bin ABDUL WAHAB, AMNI bin AHMAD MARZUKI and T.KAMARUZZAMAN, was appointed as negotiator representing GAM on the Joint Security Comitte (JSC), by a man calling himself Prime Minister of GAM, named MALIK MAHMUD. 

By his aforenamed associates the accused was then chosen as Chief Negotiator for GAM. 

In his positions as member of the KBAK and KBMK committees, and as chief negotiator on the JSC committee, the accused with his associates carried out deliberations with members of said committees representing the Indonesian government. In these deliberations the accused fought for the wishes, mission, ideas and interests of GAM as one effort on behalf of their struggle in the diplomatic field. This struggle in the diplomatic field is interconnected and inseparable from the armed struggle carried out by GAM soldiers in the field - the two struggles supporting and supplementing each other. 

In the context of diplomatic struggle the accused stated that "Nanggroe taxes" (state taxes) collected by GAM members in the field are justified, thus justifying the extortion and threats that take place everywhere, all with the excuse of "Nanggroe taxes". The said "Nanggroe tax" money is used to buy firearms and ammunition, and to pay the communication, travel and life expenses of GAM soldiers in the field.

That the accused with his aforenamed associates and with GAM soldiers in the field had carried out terorist acts that caused widespread public fear or mass deaths and injuries, seized people unlawfully or destroyed public facilities such as :

1.Bombings carried out by the GAM separatists including, among others:

The bombing in Luen village, Matang Kuli district, North Aceh on Saturday 11 January 2003, which led to the deaths of two innocent civilians.

In Langsa, East Aceh on Friday 1 January 2003 around 7:30pm West Indonesian Time a heavy ex-Indonesian military [not sure about this acronym- trans DG]armament was detonated, doing 500 million rupiah worth of damage. 

On Sunday 19 February 2003 around 02.00 am West Indonesian Time on the north side of Simpang Ulim District (PolSek) headquarters a bomb was detonated that killed three civilians.

In Meucat village Nisam district North Aceh on Friday 21 February 2003 around 4:40pm a home-made [unsure -trans.DG] bomb was detonated causing the deaths of three playing children.

2. Shootings and murders have been carried out by the GAM separatists in various places in Nanggroe Aceh Darussalam province, including: 

On Monday 10 February 2003 around 12.20pm West indonesia time Asdal Incorporated plantation, Sultan Daulat district, South Aceh, Mr. Saiful was shot.

On Friday 10 January 2003 around 8:30 am in Keude Rantau Panyang village, Birem Bayeum district, East Aceh, Yusnaini was shot.

On Friday 6 March 2003 around midnight in Bhan village Central Aceh, Mr Rusli was shot.

On Friday 21 February 2003 around 4:00 am at the 434-435 kilometre mark on the Banda Aceh-Medan highway, Alur Dua village, West Langsa district, East Aceh, Mr. Mukhlis was shot and robbed. 

On Friday 7 Feburary 2003 around 3:00am in Durian Rampak village, Susoh district, South-West Aceh, a fisherman named Mukhlis Andi was shot.

On Monday 10 February 2003 around 6:00pm in Jurong Kleng Cunda village Muara Dua district North Aceh a member of Bintal [? Senior Scouts ? trans.DG] Cunda Company 113 named Pratu Sujari was killed.

On Friday 28 February in Haloban village Pulau Banyak district Aceh Singkil region a fisherman named Syarafuddin was killed.

On Friday 28 February 2003 around 9:45 am at Campus Ring-Road No. 8 A Darussalam a student named Hariadi was killed.

3. The burning of public facilities has been carried out by GAM in various locations in Nanggroe Aceh Darussalam province, including:

On Thursday 20 March 2003 around 7:45pm in Firdaus village Central Aceh two housing units were burnt.

On Saturday 15 March 2003 around 08.30 am at the 18 kilometer mark on the road to Takengon, in Pegasing district, 6 motorbikes belonging to civilians were burnt.

On Wednesday 5 February 2003 around 12:45 on Jalan Kuta Baru in Aceh Besar region one 4WD belonging to a member of the Special forces (Kopassus) was burnt.

4. That as well as the activities that have been explained above the GAM separatist group has also carried out kidnappings of civilians considered to oppose GAM's existence, as well as extortion activities often accompanied by murder if the victim is unable or unwilling to pay the amount of money demanded; including, among others :

On Friday 21 March 2003 in Manjeng village Kaway XVI district West Aceh Era Fachlina and Ridha were kidnapped.

On Wednesday 5 March around 9pm in Woyla district West Aceh three village heads were kindapped, namely Ramli, Kasim dan Nabawi.

On Wednesday 19 March 2003 around 8am in Alue Waki village West Aceh region Sayuti was kidnapped.

On Saturday 22 February 2003 around 12:30pm in Alue Bateung village Darul Makmur district Nagan Raya region Samsuri was kidnapped.

On Wednesday 5 February 2003 around 5.00pm wib in Meunasah Geudong village n Jeumpa district Bireun region two civilians named Maniza and Mussalin were kidnapped.

On Sunday 8 February 2003 around 6:00pm in Menasah Capa village Jeumpa district Bireun region Ridwan Yusri was kidnapped.

The actions of the accused described above are hereby prosecuted under Article 15 of the Government Regulation amending

Law No. 1 of Year 2002 concerning Combatting Terrorist Activity as was made law as Law No. 15 Year 2003 juncto Article 55 subsection 1 juncto Article 65 of the Criminal Code.

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SUBSIDIARY CHARGE: 

That the accused H.SOFYAN BIN IBRAHIM TIBA, acting both alone and with T.MUHAMMAD Bin USMAN, AMNI Bin AHMAD MARZUKI, NASHIRUDDIN Bin AHMAD dan T.KAMARUZZAMAN bin T.SYAHBUDDIN (each to be tried separately), acting with members of the Acehnese Independence Movement (GAM) in the field, 

at dates and times that cannot be precisely determined, but in an ongoing manner from 18 October 2002 until the accused's arrest on 19 May 2003 by the Regional Emergency Military Authority for Nanggroe Aceh Darussalam province, or at the least at different times from 18 October 2002 until 2003, 

at the Hotel Kuala Tripa, Jalan Teungku Abdullah Uhong Rimba No. 24, Banda Aceh, or at other places that remain within the legal authority of the Banda Aceh State Court, or at other places within the province of Nanggroe Aceh Darussalam ( based on Article 84 Subsection 2 of the Criminal Code, the Banda Aceh court has the authority to try the accused),

has engaged in unlawful conspiracy to, attempts to commit or forms of assistance to terrorist activity as defined in articles 6,7,8,9,10,11 and 12 carried out by the defendant in the following ways: 

That in the month of June 2000 the accused was appointed as a member of the United Action for Humanity Committee (Komite Bersama Aksi Kemanusiaan - KBAK) representing the Acehnese Independence Movement (GAM).

also,

from the month of September 2000 until July 2001 the accused was appointed as a member of the United Committee for Modalities of Security (Komite Bersama Modalitas Keamanan -KBMK) also representing GAM,

after that, on 20 December 2002 the accused together with NASHIRUDDIN bin AHMAD, AMRI bin ABDUL WAHAB, AMNI bin AHMAD MARZUKI and T.KAMARUZZAMAN, was appointed as negotiator representing GAM on the Joint Security Comitte (JSC), by a man calling himself Prime Minister of GAM, named MALIK MAHMUD. 

By his aforenamed associates the accused was then chosen as Chief Negotiator for GAM. 

In his positions as member of the KBAK and KBMK committees, and as chief negotiator on the JSC committee, the accused with his associates carried out deliberations with members of said committees representing the Indonesian government. In these deliberations the accused fought for the wishes, mission, ideas and interests of GAM as one effort on behalf of their struggle in the diplomatic field. This struggle in the diplomatic field is interconnected and inseparable from the armed struggle carried out by GAM soldiers in the field - the two struggles supporting and supplementing each other. 

In the context of diplomatic struggle the accused stated that "Nanggroe taxes" (state taxes) collected by GAM members in the field are justified, thus justifying the extortion and threats that take place everywhere, all with the excuse of "Nanggroe taxes". The said "Nanggroe tax" money is used to buy firearms and ammunition, and to pay the communication, travel and life expenses of GAM soldiers in the field.

That the accused with his aforenamed associates and with GAM soldiers in the field had carried out terorist acts that caused widespread public fear or mass deaths and injuries, seized people unlawfully or destroyed public facilities such as :

5.Bombings carried out by the GAM separatists including, among others:

The bombing in Luen village, Matang Kuli district, North Aceh on Saturday 
11 January 2003, which led to the deaths of two innocent civilians.

In Langsa, East Aceh on Friday 1 January 2003 around 7:30pm West Indonesian Time a heavy ex-Indonesian military [not sure about this acronym- trans DG]armament was detonated, doing 500 million rupiah worth of damage. 

On Sunday 19 February 2003 around 02.00 am West Indonesian Time on the north side of Simpang Ulim District (PolSek) headquarters a bomb was detonated that killed three civilians.

In Meucat village Nisam district North Aceh on Friday 21 February 2003 around 4:40pm a home-made [unsure -trans.DG] bomb was detonated causing the deaths of three playing children.

6. Shootings and murders have been carried out by the GAM separatists in various places in Nanggroe Aceh Darussalam province, including: 

On Monday 10 February 2003 around 12.20pm West indonesia time Asdal Incorporated plantation, Sultan Daulat district, South Aceh, Mr. Saiful was shot.

On Friday 10 January 2003 around 8:30 am in Keude Rantau Panyang village,
Birem Bayeum district, East Aceh, Yusnaini was shot.

On Friday 6 March 2003 around midnight in Bhan village Central Aceh, Mr Rusli was shot.

On Friday 21 February 2003 around 4:00 am at the 434-435 kilometre mark on the Banda Aceh-Medan highway, Alur Dua village, West Langsa district, East Aceh, Mr. Mukhlis was shot and robbed. 

On Friday 7 Feburary 2003 around 3:00am in Durian Rampak village, Susoh district, South-West Aceh, a fisherman named Mukhlis Andi was shot.

On Monday 10 February 2003 around 6:00pm in Jurong Kleng Cunda village Muara Dua district North Aceh a member of Bintal [? Senior Scouts ? trans.DG] Cunda Company 113 named Pratu Sujari was killed.

On Friday 28 February in Haloban village Pulau Banyak district Aceh Singkil region a fisherman named Syarafuddin was killed.

On Friday 28 February 2003 around 9:45 am at Campus Ring-Road No. 8 A Darussalam a student named Hariadi was killed.

7. The burning of public facilities has been carried out by GAM in various locations in Nanggroe Aceh Darussalam province, including:

On Thursday 20 March 2003 around 7:45pm in Firdaus village Central Aceh two housing units were burnt.

On Saturday 15 March 2003 around 08.30 am at the 18 kilometer mark on the road to Takengon, in Pegasing district, 6 motorbikes belonging to civilians were burnt.

On Wednesday 5 February 2003 around 12:45 on Jalan Kuta Baru in Aceh Besar region one 4WD belonging to a member of the Special forces (Kopassus) was burnt.

8. That as well as the activities that have been explained above the GAM separatist group has also carried out kidnappings of civilians considered to oppose GAM's existence, as well as extortion activities often accompanied by murder if the victim is unable or unwilling to pay the amount of money demanded; including, among others :

On Friday 21 March 2003 in Manjeng village Kaway XVI district
West Aceh Era Fachlina and Ridha were kidnapped.

On Wednesday 5 March around 9pm in Woyla district West Aceh three village heads were kindapped, namely Ramli, Kasim dan Nabawi.

On Wednesday 19 March 2003 around 8am in Alue Waki village West Aceh region Sayuti was kidnapped.

On Saturday 22 February 2003 around 12:30pm in Alue Bateung village Darul Makmur district Nagan Raya region Samsuri was kidnapped.

On Wednesday 5 February 2003 around 5.00pm wib in Meunasah Geudong village n Jeumpa district Bireun region two civilians named Maniza and Mussalin were kidnapped.

On Sunday 8 February 2003 around 6:00pm in Menasah Capa village Jeumpa district Bireun region Ridwan Yusri was kidnapped.

That the activities described above were concealed by the defendant from the negotiators representing the Indonesian government.

The accused also gave aid or abettance to GAM soldiers in the field that carried out terrorist actions by means such as stating that extortion carried out by GAM through "Nanggroe taxes" (state taxes) was justified. Likewise while acting as chief negotiator for GAM the accused knew of the location of GAM leaders in the field but concealed this information from the representatives of the Indonesian government.

These actions of the accused are hereby prosecuted under Section 13b and c of Government Regulations Amending Law No. 1 Year 2002 concerning the Combatting of Terrorist Acts that was made law as Law No. 15 Year 2003 juncto Article 55 subsection 1 juncto Article 65 of the Criminal Code.
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AND 
SECONDLY, 
PRIMARILY, : 

That the accused H.SOFYAN Bin IBRAHIM TIBA both alone and together with T.MUHAMMAD Bin USMAN, AMNI bin AHMAD MARZUKI, NASHIRUDDIN bin AHMAD and T.KAMARUZZAMAN Bin T.SYAHBUDDIN (each to be tried separately)

at dates and times that cannot be precisely determined, but in an ongoing manner from June 2000 until the accused's arrest on 19 May 2003 by the Regional Emergency Military Authority for Nanggroe Aceh Darussalam province, or at the least at different times from the year 2000 until 2003, 

at the Hotel Kuala Tripa, Jalan Teungku Abdullah Uhong Rimba No. 24, Banda Aceh, or at other places that remain within the legal authority of the Banda Aceh State Court, and at International Huis, Stabanger, Norway (based on article 84 subsection 2 of the Criminal Code the Banda Aceh court has the authority to try the accused),

had carried out rebellion (aanslag) with the intention of defeating the state or a region of it in order to bring it under the control of a foreign power or with the aim of separating a region from the state,

which actions were carried out by the accused in the following ways:

On 20 December 2002 the accused together with T. MUHAMMAD bin USMAN, AMNI bin AHMAD MARZUKI, NASHIRUDDIN bin AHMAD and T.KAMARUZZAMAN bin T. SYAHBUDDIN, was appointed as negotiator representing GAM on the Joint Security Comitte (JSC), by a man calling himself Prime Minister of GAM, named MALIK MAHMUD. 

By his aforenamed associates the accused was then chosen as Chief Negotiator for GAM in the Joint Secutiry Committee (JSC).

As Chief Negotiator for GAM the accused and his aforenamed associates held the opinion that since the 17 August 1945 proclamation of (Indonesian) independence Aceh has been a de facto part of the integral state of the Republic of Indonesia but that the accused did not recognise Aceh as legally (de jure) part of the Integral State of the Republic of Indonesia.

This belief was in accordance with the attacks of the Acehnese Independence Movement (GAM) led by TGK. MUHAMMAD HASAN DI TIRO, resident in Sweden, aimed at separating the province of Nanggroe Aceh Darussalam from the Integral State of the Republic of Indonesia.

Feeling himself to be in accordance with the aims of GAM, the accused was prepared to be appointed as a member of the United Action committee for Humanity (Komite Bersama Aksi Kemanusiaan - KBAK) in June 2000 and also as a member of the United Modalities for Secutiry committee (Komite Bersama Modalitas Keamanan -KBMK) from September 2000 to July 2001 as part of the Humanitarian Pause mechanism. 

In order to achieve the separation of Nanggroe Aceh Darussalam province from the sovereignty of the Integral State of the Republic of Indonesia, the accused together with his aforenamed associates utilised two means - diplomacy and armed resistance carried out by GAM soldiers in the field.

The accused carried out his activities in the diplomatic field by attending a Worldwide meeting of Acehnese communities from 19 July 2002 to 21 July 2002 at International Huis, Stavanger, Norway, that was attended by around 60 representatives of Acehnese communities from all over the world. In the said meeting the following decisions were taken:

The determination of the official name of the state and government of Aceh.
The (determination of the) borders of Aceh.
The Capital: Kuta Raja
The Acehnese Head of state : Dr.TEUNGKU HASAN MUHAMMAD DI TIRO
Prime Minister : TEUNGKU MALIK MAHMUD
Foreign Affairs Minister : Dr.ZAINI ABDULLAH
Director General of the ministry of Information : BACHTIAR ABDULLAH

The Acehnese State to adopt a democratic system of government

An increase in diplomatic efforts and international relations work that included the Scandinavian states, the European Union, North America, Australia and South Pacific nations.
The formation of the Acehnese National Army from AGAM forces.
The definition of Acehnese nationality as based on descent and place of birth.
The fostering of cooperative links with prominent international NGOs.

That the region of Aceh that the accused aims to separate from the Integral State of the Republic of Indonesia is bordered on the north by the Malacca Strait, on the south by the Indian Ocean, on the west by the Malacca Strait and the Indian Ocean and on the east by the province of North Sumatra.

The coat of arms of the Acehnese State comprises a lion on the left, a buraq (Muhammad's winged steed) on the right, in the centre a shield.

The Acehnese flag is a red base, in the centre a white crescent moon and star, flanked by a black column with white borders. 

The official language of the Acehnese state shall be Bahasa Aceh and the constitutional basis of the state shall be the Quran and the Hadith.

These actions of the accused are hereby prosecuted under Article 106 juncto Article 55 subsection 1 juncto Article 65 of the Criminal Code. 
-------------------------------------------------------------

SUBSIDIARY CHARGE,

That the accused H.SOFYAN Bin IBRAHIM TIBA both alone and together with T.MUHAMMAD Bin USMAN, AMNI bin AHMAD MARZUKI, NASHIRUDDIN bin AHMAD and T.KAMARUZZAMAN Bin T.SYAHBUDDIN (each to be tried separately)

at dates and times that cannot be precisely determined, but in an ongoing manner from June 2000 until the accused's arrest on 19 May 2003 by the Regional Emergency Military Authority for Nanggroe Aceh Darussalam province, or at the least at different times from the year 2000 until 2003, 

at the Hotel Kuala Tripa, Jalan Teungku Abdullah Uhong Rimba No. 24, Banda Aceh, or at other places that remain within the legal authority of the Banda Aceh State Court, and at International Huis, Stabanger, Norway (based on article 84 subsection 2 of the Criminal Code the Banda Aceh court has the authority to try the accused), 

deliberately opposed the legitimate authority of the Indonesian state, rebelled and joined with an armed group to oppose said authority, which actions were carried out in the following ways:

On 20 December 2002 the accused together with T. MUHAMMAD bin USMAN, AMNI bin AHMAD MARZUKI, NASHIRUDDIN bin AHMAD and T.KAMARUZZAMAN bin T. SYAHBUDDIN, was appointed as negotiator representing GAM on the Joint Security Comitte (JSC), by a man calling himself Prime Minister of GAM, named MALIK MAHMUD. 

By his aforenamed associates the accused was then chosen as Chief Negotiator for GAM in the Joint Secutiry Committee (JSC).

As Chief Negotiator for GAM the accused and his aforenamed associates held the opinion that since the 17 August 1945 proclamation of (Indonesian) independence Aceh has been a de facto part of the integral state of the Republic of Indonesia but that the accused did not recognise Aceh as legally (de jure) part of the Integral State of the Republic of Indonesia. The accused gave the reason that Aceh's status as a part of the Republic of Indonesia was still disputed and the Acehnese nation could not be said to be part of the Indonesian nation. Although the accused considered himself not to be a member of GAM the accused shared the opinions of GAM that is struggling to separate the region of Aceh from the Integral State of the Republic of Indonesia. 

Because he shared the opinions of GAM the accused joined with the GAM organisation and, in meetings with representatives of the Indonesian government as part of the Humanitarian Pause and Joint Security Committee, struggled in the diplomatic arena to separate the region of Aceh from the sovereignty of the Integral State of the Republic of Indonesia while GAM soldiers were struggling (for the same) through force of arms.

The accused (also) carried out his activities in the diplomatic field by attending a Worldwide meeting of Acehnese communities from 19 July 2002 to 21 July 2002 at International Huis, Stavanger, Norway, that was attended by around 60 representatives of Acehnese communities from all over the world. In the said meeting the following decisions were taken:

The determination of the official name of the state and government of Aceh.
The (determination of the) borders of Aceh.
The Capital: Kuta Raja
The Acehnese Head of state : Dr.TEUNGKU HASAN MUHAMMAD DI TIRO
Prime Minister : TEUNGKU MALIK MAHMUD
Foreign Affairs Minister : Dr.ZAINI ABDULLAH
Director General of the ministry of Information : BACHTIAR ABDULLAH

The Acehnese State to adopt a democratic system of government

An increase in diplomatic efforts and international relations work that included the Scandinavian states, the European Union, North America, Australia and South Pacific nations.
The formation of the Acehnese National Army from AGAM forces.
The definition of Acehnese nationality as based on descent and place of birth
The fostering of cooperative links with prominent international NGOs

That the actions of the accused in the diplomatic field were in opposition to the established order in Indonesia and resistance to the legitimate government of the Republic of Indonesia.

These actions of the accused are hereby prosecuted under Article 108 subsection 2 juncto Article 55 subsection 1 juncto Article 65 of the Criminal Code.

Banda Aceh, 21 July 2003
PUBLIC PROSECUTOR

MUNIR, BACHELOR OF LAWS
JUNIOR ATTORNEY-GENERAL NIP.230013709.