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WITHOUT PREJUDICE
Indonesian President Mr. Iriana Joko Widodo
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indonemb@kbri-canberra.org.au

Cc:

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26-4-2015

C/o consular@kjri-melbourne.org, economy@kjri-melbourne.org, pensosbud@kjri-melbourne.org,

Mr Tony Abbott PM C/o josh.frydenberg.mp@aph.gov.au
Bill Shorten Bill.Shorten.MP@aph.gov.au, Senator George Brandis senator.brandis@aph.gov.au
Daniel Andrews Premier Victoria daniel.andrews@parliament.vic.gov.au
Mr Clive Palmer Admin@PalmerUnited.com, Jacqui Lambie senator.ketter@aph.gov.au
Jessica Marszalek Jessica.marszalek@news.com.au, Frank Chung frank.chung@news.com.au
Matthew Johnston matthew.johnston@news.com.au, David Hurley david.hurley@news.com.au
cindy.wockner@news.com.au, julianmcmahon@vicbar.com.au, lsmlawfirm@lsmlaw.co.id, information.canberraamba@diplomatie.gouv.fr, enquiries@ghana.org.au, info.sydney@itamaraty.gov.br, news@heraldsun.com.au,
james.campbell@news.com.au, michelle.ainsworth@news.com.au, alex.white@news.com.au

AND TO WHOM IT MAY CONCERN

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Sir,
In my original correspondence 20150304-G. H. Schorel-Hlavka O.W.B. to Indonesian
President Iriana Joko Widodo I did request:
QUOTE
Sir,
hereby I request that this correspondence is also placed before the Majalis, and the Majalis seek you to
explain to it why the clemency request of Andrew Chan and Myuran Sukumaran are to be accepted as
having properly been considered, and in the meantime the executions are to be stayed of both men, as well as
any other person whos clemency request was subject to a reconsideration, pending the Majalis decision if
the President acted appropriately in all the circumstances relevant to each case.
The people of Indonesia desired in tis constitution to included Article 14 (quoted below) and therefore are
entitled that its President acts in compliance with and in consideration to its constitution. This I view the
President failed to do where the president reportedly already during the election campaign to be elected
president indicated to enforce the death penalty.
In my view the President has shown a blatant disregard to the provisions of the constitution to perhaps
implement his own desire rather than to appropriately apply the true meaning and application of the
Indonesian constitution.
In my view the matter is so serious that I view the President should stand aside from his position as no
country can afford its own leader to so to say thumb its nose upon the true meaning and application of
the constitution.
END QUOTE

While I understood from various statements made by Indonesian officials that foreigners cannot
interfere with Indonesian law and should accept that the Indonesians are entitled to enforce their
laws, in contrast it appears to me that if the executions were to proceed in disregard of my
request then clearly you and officials themselves so to say thumb their noses upon Indonesian
law, the Indonesian constitution being the principal law.
While the administration court/tribunal may have refused to hear and determine appeals it does in
my view not excuse you not to have placed my request before the Majalis. Indeed, it appears to
me you as the president must show an example that you respect the Indonesian constitution
included the implied legal principles and not blatantly disregard it. How indeed can Indonesians
expect foreigners to respect Indonesian law and the Indonesian legal system when its President
and officials are blatantly ignoring it?
p1
26-4-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by E-mail INSPECTORRIKATI@schorel-hlavka.com See also www.schorel-hlavka.com at blog Http://www.scribd.com/InspectorRikati

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Any administrative court/tribunal that fails to ensure that a president acts within the legal
provisions and so implied legal principles in essence in my view sets up a President for
dictatorship. For sure you may regardless of the consequences persist in the executions to go
ahead, but then keep in mind if not yourself other future presidents may hold this as an excuse
that they then also can disregard the Indonesian Constitution and pursue dictatorship. As such
what you are in my view doing is to lay the groundwork for a future dictatorship and it will more
than likely be future generations of Indonesians who will suffer because of this. This I view is
your legacy and I doubt Indonesians will be proud upon this.
This is not about some foreigner like myself to deny Indonesians their rights under the
Indonesian constitution, to the contrary my writings is that its president seems to med to blatantly
disregard the true meaning and application of the Indonesian constitution. Indonesians have a
rights that its president will act appropriately to exercise all powers within the legal concepts and
principles embedded in the Indonesian constitution and this appears to me they are grossly
denied.
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I have always sought to limit myself not to be an activist but to pursue constitutional matters but
were the executions of any of the persons refused a fair and proper clemency request (regardless
of their nationality) be executed then I consider it my moral duty to ban any Indonesian products,
in that I will specifically check items on display for sale that they are not Indonesian made. It
will be up to others if they contemplate to follow my example or not.
Again, this is not about seeking to interfere with the Indonesian legal processes to the contrary it
is that I seek proper compliance with the legal processes and principles embedded in the
Indonesian constitution. It is reported that during the presidential election you indicated not to
grant clemency to any person convicted and sentenced to death in regard of drugs. In my view,
by this you personally undermined the provisions and legal principles embedded in the
Indonesian constitution. You as President has the obligation and duty to ensure that nothing on
towards the Indonesian constitution is permitted, but how can you where you commenced during
the presidential election already to undermine the Indonesian constitution?
There is a saying What goes around comes around. In that now as president you may ignore
what is constitutionally appropriate but wait and in time someone else may then follow suit and
do this onto you. No good then to argue about the Indonesian constitution because you violated it
yourself. Article 14 is not just on its own in the Indonesian constitution but is subject to an
overview by the Majalis. Therefore any exercise of power within Article 14 must be that it is
done with proper consideration of all relevant details information relating to a clemency request,
so that the Majalis can consider if the records proves the President acted appropriately in
exercising his powers, including refusing a clemency request. Otherwise there was no need to
include in the Indonesian constitution for that the Majalis can request the President to explain
matters, and that the President is bound to act according to any decision the Majalis may make,
and instruct the President what to do. Not I, but the people of Indonesians determined that the
Majalis ought to be able to oversee the exercise or the refusal thereof the President and I view in
this case the Majalis ought to be dealing with this matter. What indeed is the purpose of an
Indonesian constitution if the President can nilly willy ignore it? Perhaps in the next presidential
election the candidates for presidency will make outrageous promises as to get into power and
then claim being elected that therefore the people by this did decide the constitution should be
accepted to allow the unconstitutional promises to be come constitutional valid and override the
Indonesian constitution As is. This means a minority of people who vote in favour of a particular
candidate, regardless not supporting the blatant conflict with the Indonesian constitution then
somehow amended as is by the unconstitutional promises. This means that a minority of people
who vote in favour of a particular candidate, regardless not supporting the blatant conflict with
the Indonesian constitution then somehow excise powers over the majority. Democracy is no
more.
p2
26-4-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by E-mail INSPECTORRIKATI@schorel-hlavka.com See also www.schorel-hlavka.com at blog Http://www.scribd.com/InspectorRikati

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In my view the death sentences themselves were without legal justification because they were
handed down where a presidential candidate had already indicated if President not to allow for
clemency. As such, this in my view was interfering with the legal processes. In my view a
president/presidential candidate should never undermine/interfere with the legal processes while
trials and/or appeals are pending. As such, making a statement as a presidential candidate that
you will not if elected any clemency for those sentenced to death involving drugs, by this you
may have unduly influenced the courts to hand down a dearth sentenced.
In my view, had you not made those promises during the Presidential elections then judges may
very well not have handed death sentences.
The fact, as I understand it an Indonesian citizen is also awaiting execution and I understand also
denied clemency underlines that Indonesians may have to consider if they have a President who
is so to say gone of his rocker and willingly deny an Indonesian national his constitutional rights
in a proper manner of consideration as intended by Article 14 of the Indonesian constitution and
other provisions of the Indonesian constitution. This issue therefore is not one that is just about
aliens/foreigners who do not accept the proper application of Indonesian law but rather that its
President demonstrates, as I view it, to even deny an Indonesian national the appropriate
consideration and application of a clemency request.
Lets be clear about it, that had you not made the promise during the presidential election to
refuse clemency for those convicted and sentenced to death involving drugs, and the normal
court had resulted to those convicted still having been sentenced to death. And subsequently
upon proper consideration of all relevant details/information you may still have declined
clemency, then even so I disapprove of the death penalty in general, nevertheless then and only
then the proper legal processes within the provisions of the Indonesian constitution could have
been claimed to have been exercised. As such the issue I am on about is the contemplated
violation by a presidential candidate and so proceeded with as President to honour the legal
processes and legal principles embedded in the Indonesian constitution!
The test will be if you blatant disregard for the true meaning and application of the Indonesian
constitution is what you are about as President, or you will prevent the executions and place the
matter before the Majalis, this as to ensure that as president you will enable the Majalis to make
its decision upon your presidential election promises and your conduct subsequently as President,
and if in the circumstances you tainted the legal processes also.
Again, I view the executions of all those awaiting execution should not proceed!

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I would like to see Indonesians to come out all in force to protest against the
infractions/violations of the Indonesian constitution by its own President. Indonesians may
just have to consider when it will be their turn that they too will be denied their constitutional
rights!

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Note: A copy of this correspondence will be published also on the Internet

(www.scribd.com/inspectorrikati) and so any reply you may provide!
I look forwards to your detailed positive response.

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This document is not intended and neither must be perceived to refer to all details/issues.

MAY JUSTICE ALWAYS PREVAIL

Our name is our motto!)

(
Awaiting your response,

G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)

p3
26-4-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by E-mail INSPECTORRIKATI@schorel-hlavka.com See also www.schorel-hlavka.com at blog Http://www.scribd.com/InspectorRikati