Sumpah Pocong...

Sumpah Pocong is often referred to as the ultimate oath. However, it is more like an oath of innocence. Sumpah pocong involves the oath taker being wrapped in white cloth and then swearing an oath to their innocence. The white cloth that the oath taker is wrapped in resembles the death robes or shroud that Muslims are buried in. Therefore, the sumpah pocong is considered to be the ultimate oath because one is said to risk death or chronic illness if they lie about their innocence while wrapped up.

The sumpah pocong has always been a part of the Indonesian cultural landscape, and there is many a horror film that uses the pocong as a means of instilling fear. However, the sumpah pocong is coming back to the fore as a means of attempting to clear one's name in legal disputes. Prita Mulyasari, who has been battling the state and public prosecutors in a defamation matter has recently offered to take one, a sumpah pocong that is, as a means of declaring her innocence of a defamation charge.

I am not sure how the sumpah pocong would do this other than perhaps to indicate that Prita did not intend to defame Omni International Hospital. But, a more pertinent question would be, "how long should the courts wait to see whether Prita has told the truth?" This is important because the risk of lying while doing the sumpah pocong is death or chronic illness. It is my understanding that death and chronic illness may not necessarily be instantaneous if the oath taker tells a little fib about their innocence.

In any event, in a case from Banyuwangi in East Java, Rahmatulloh has offered to take a sumpah pocong to prove that he is innocent of charges that he is a shaman (dukun) and that he did not kill his nephew, Hamid, by using black magic on him. Hamid's father, Pon, claimed that Rahmatulloh used black magic to kill his son as his son was healthy one day and then died after suffering from some bizarre symptoms. This presupposes that bizarre symptoms are indicative of black magic. Maybe, the villagers need to sit down and watch a few episodes of House to see that bizarre and weird symptoms are not always indicative of black magic.

TV One carried some coverage of the sumpah pocong being performed. The sumpah pocong oath is usually done in a local mosque under the guidance of an agreed religious leader of the relevant community.

The video is in Indonesian and is embedded below.

Manohara Odelia Pinot -- Part XIX -- Upping the Ante

At the outset, a reminder is necessary...this is a fascination and not an obsession! :D

The prince, Tengku Fakhry, has certainly upped the ante in the domestic / marriage dispute between himself and his teenage wife and her mother. The ante in this case is reportedly in the tens of millions of Ringgit for the defamation case that the Fakhry has submitted to the Malaysian courts. Latest reports set the figure at 105 million ringgit. There is also another claim that Manohara's mother, Daisy, owes the prince about 1 million ringgit.

I am still wondering why a 30-year-old prince wanted to marry a 16-year-old wanna be starlet and social climber. Perhaps he was sucked into the black magic powers of the mother and the surgically implanted golden needles and diamonds in Manohara's jaw. Who knows, and I guess in the big scheme of things, who really cares outside of those immediately affected by this ever deepening crisis of domestic bliss turning to domestic mess.

Upping the ante also sees the prince's legal team for the defamation case, headed by Mohd. Haaziq Pillay, seeking special leave from the Kuala Lumpur High Court to file a writ of summons in Jakarta. Generally, in common law legal systems the permission of the court is required where a summons needs to be filed outside the jurisdiction because the defendants are not within the local jurisdiction. There would seem to be no reason why the court would not grant this application, except if the court was of the opinion that the case had no merit and no likelihood of success.

The court has since granted the leave and it would seem now the writ of summons needs to be forwarded to Indonesian authorities and onto the legal team of Manohara and her mother. It will be interesting to see if this spurs both mother and daughter into returning fire and filing criminal complaints in Malaysia regarding the alleged conduct of the prince.

If the duo do return fire then it will require them to start furnishing evidence of the alleged abuse, rape, kidnapping, and torture that the prince allegedly perpetrated against Manohara during their brief marriage. The reports of the abuse and alleged photos of the razor blading of Manohara have surfaced on the internet and doctors have issued statements in support of Manohara's claims. However, this has been a case of the drama being played out in the court of public opinion and the burden in this court is considerably different to that required in a criminal court of law or even in a civil matter.

To be clear, the sense here is not that Manohara has not been abused or raped or kidnapped or tortured in the manner that she claims. However, there is this underlying and emerging series of questions starting to bubble to the surface not only in Malaysia, but also in Indonesia, that if these claims and allegations are true, then why are Manohara and Daisy not more forcefully pursuing justice? On a personal level, I would like to think that in the big scheme of things that Manohara and her mother could use this unsavoury and tragic occurrence to help victims of domestic violence to escape their respective tragic existences for a better future.

Perhaps not one filled with a sinetron named after them and multi-billion rupiah appearance fees and the like, but an escape to a better life.

The defamation case is set for mention in the Malaysian courts on 2 August 2009.

The Indonesian authorities, headed by the Department of Foreign Affairs, has offered to help in any way that they can in terms of assisting Manohara and her mother filing the necessary paperwork to commence legal proceedings in Malaysia. Even the Malaysians themselves have committed to a thorough investigation to ensure that justice is done wherever that justice may be.

No matter what happens, there is still the issue with Daisy being to all intents and purposes on the run from French authorities. The sad part is that Manohara is not implicated in the legal problems that befell her mother in France, yet it is ironic that the mother, who has been so vehement in wanting to see the prince punished for his abuse of her daughter, is in fact a person who has been convicted of assaulting and abusing an Indonesian under her care.

If Indonesia is series about stamping out the practice of foreigners thinking that they can abuse Indonesia's migrant workers with impunity, then this would be a perfect case to say, enough is enough. The Indonesian government should be pro-active in working through the merits of the Daisy Fajarina case, and if necessary facilitating her return to France to face the music. To not do so sends a very poor message to all of Indonesia's migrant workers; where here for you if you want to come back and star in a sinetron and engage in some Malaysia bashing, but while your overseas you're on your own.

The last point is not entirely fair. Indonesia has and continues to pursue initiatives to afford greater protection to their migrant workers. If for no other reason than migrant workers repatriate huge sums of foreign exchange into the Indonesian banking system. Cynical, I know, but also true.

The time has come for Manohara and her mother to decide whether they are going to play legal ball here. The prince has shown his hand, Manohara's move.

Manohara Odelia Pinot -- Part XIII -- Daisy Fajarina as the "Evil Mother"

The saga continues. It is somewhat addictive for me as there is just so much to process and analyze from a legal standpoint. It seems that the Malaysian press is coming up with the far juicer pieces for the gossip columns. The following piece is based on an article from the Malay Mail.

George Manz is Manohara's biological father. He is a engineer that was formerly based in Indonesia. He met Daisy while he was in Jakarta in 1989, presumably fell in love, and the rest is history as they say. Mano, as she is affectionately known, was born in 1992. Not long after this things apparently went wrong fast and Manz claims that Daisy stole his daughter away from him. He also claims that Daisy is a proponent of black magic and has an evil hold over his daughter.

According to Manz, the black magic proof is in an x-ray of Mano's mouth. It is claimed that on a visit to a dentist an x-ray was taken and this x-ray showed gold needles and diamonds embedded in Mano's chin. I do not know how this proves black magic is in play. It would seem to make more sense that Mano was about to become a mule in a smuggling operation.

Nevertheless, the black magic claims aside, Manz has agreed to help the prince in his fight against the evil one, aka Daisy Fajarina. Manz sent a letter to the prince outlining his desire to help, his belief that the prince can save Mano from Daisy's evil influence, and sent documents that he believes might assist in the fight.

The whole affair is about to get a whole lot more interesting in a legal sense as Manz is threatening to get the US State Department (some Hillary Clinton involvement?) involved, Mano is a US citizen, and it would seem that the basis of the pursuit might be some form of international child kidnapping scenario.

However, it is a little late one would have thought for Manz to be coming forward now, particularly when he says that he has been following the case from afar with the help of friends in Singapore and Jakarta.

Another aspect of the case which has had some coverage in Indonesia is the legal problems that Daisy has herself and the outstanding Interpol Red Notice that requires local police agencies to facilitate the apprehension of her. Indonesia has an Interpol liaison office.

The allegations against Daisy are that she facilitated the sexual abuse of a domestic servant, who was also legally her step-daughter, by her second husband, Juergen Reiner Noack Pinot. The allegations or rape, including forcible masturbation, were subsequently proved and Pinot served jail time. Not much it seems considering he was out in four months. For her part in the whole abuse scandal, Daisy was sentenced to 18 months in prison. Daisy has yet to serve a day of that sentence and that is why the French have sort the red notice.

It would seem that Daisy knows a lot about the sexual abuse of young and vulnerable women having participated in the perpetration of such abuse herself. If she is really so shocked and abhorred by such conduct then she must show that she has the courage of those convictions and return to France and face the legal music there.

I am sure the symphony that is planned for her on her eventual return is going to be far from the sweet music she thinks she might be able to enjoy in Jakarta.

Extradition treaty or not with France, Indonesia must show that it is committed to the elimination of all violence against women, even where this violence is perpetrated by women against other women.

Simply, Indonesia must comply with the red notice and facilitate the detention of Daisy Fajarina and allow her to be returned to France. The only way that this should not happen is if Daisy can show, and prove, that the process against her was fatally flawed and that the sentence imposed upon her was legally wrong.

As much as I might feel for Mano's plight with respect to the allegations she has made against the prince, and even if the allegations are true, this cannot and must not become a get out of jail free card for her mother.

Simply, Daisy Fajarina is not a victim here. If anyone is a victim then Mano is, assuming that the allegations can be made out. And, to date, they have not been made out. The truth is that Daisy is the perpetrator of some serious crimes of violence against another woman for which she has not paid the price.