A matter of procedure<\/p>\n
No one can deny that the police have sharpened their senses,
\nor their ability to fight terrorism. After the arrests of
\nsuspects in the Bali and JW Marriott blasts, the recent arrest of
\nat least 13 people suspected of terrorism-related activities
\ncould be cited as a police success story.<\/p>\n
Unfortunately, the arrests have elicited the protest of
\ncitizens who contend that the police have violated legal
\nprocedures. They have also accused the police of kidnaping the
\npeople who are reportedly Muslim activists.<\/p>\n
The Indonesian Legal Aid Foundation (YLBHI), has claimed that
\nthe arrests were a violation of Law No. 15\/2003 on terrorism. The
\nfaction of the Crescent Star Party (PBB) in the House of
\nRepresentatives also blasted the police over what it called
\n\"arbitrary arrests.\"<\/p>\n
The police have denied the accusations. Com. Gen. Erwin
\nMappaseng, head of the National Police Detective Unit said that
\neverything had been done in accordance with prescribed legal
\nprocedures. He said that the police had shown the preliminary
\nevidence required by the law to Commission I of the House, before
\nmaking the arrests.<\/p>\n
In defense of the police's action National Police Chief Gen.
\nDa'i Bachtiar said that the arrests did not constitute abduction.
\nThus, he invited anyone objecting to the arrests to file a
\nlawsuit against the police.<\/p>\n
As controversy mounts, it may be helpful to consider Article
\n1, Paragraph 26, of Law No. 15\/2003, which states that arrests
\ncan be made based on preliminary evidence reported by
\nintelligence services. Article 2 of Paragraph 26 says that the
\nintelligence report mentioned in Article 1 must be authorized by
\nthe head of the relevant District Court before any arrests are
\nmade. In fact, objections stemmed from the police's failure to
\npresent the arrest warrants, obtained from the District Court,
\nwhen the arrests were carried out.<\/p>\n
According to Minister of Justice and Human Rights Yusril Ihza
\nMahendra, the Criminal Law Procedure Code (KUHAP) is equally
\nvalid in the arrest of suspected terrorists as in the arrest of
\nany other citizen suspected of criminal conduct. KUHAP rules that
\na copy of the arrest warrant must be handed to the suspect's
\nfamily as soon as possible after the arrest.<\/p>\n
But, while the KUHAP code rules that an ordinary suspect must
\nbe released after 24 hours of detention, the new antiterror law
\nallows the police to detain a suspect for seven times that
\nperiod, before their dossiers are forwarded to the public
\nprosecutors' office.<\/p>\n
Contrary to the denial of police officials, that mistakes were
\nmade during the arrests, Minister Yusril said that errors could
\npossibly occur, given that the new antiterror law was signed only
\nearly this year.<\/p>\n
It is clear, then, that the key to settling such controversies
\nlies in the respect of legal procedures by law enforcers in their
\nfight against terrorism. Stern measures must be taken to curb
\nacts of terrorism, but with respect for basic human rights. The
\nrecent arrests have sparked the unfortunate speculation that, as
\nall the suspects are said to be Islamic activists, the police are
\n\"against Islam.\"<\/p>\n
The chairman of the Indonesian Council of Ulemas (MUI),
\nAmidhan, said that the recent arrests reminded people of the
\narbitrary arrests made under the antisubversion law during the
\nNew Order regime, when the authorities had the right to detain
\nanyone on the basis of mere suspicion.<\/p>\n
In the meantime, while we are still busy with debating the
\narrests here at home, we are jolted by the arrest of two
\nIndonesian students have been arrested in Pakistan. Rusman
\nGunawan, the younger brother of terrorist suspect Hambali, and
\nSyaifuddin were among 15 Southeast Asian Islamic students
\ndetained by Pakistani security officials for alleged involvement
\nin activities against the interests of Pakistan. However, in a
\nbreach of the Geneva Convention, the government of Indonesia has
\nnot been informed about the arrest of its citizens.<\/p>\n
These arrests have evoked questions here, as according to
\nNational Police headquarters, the two Indonesian students are not
\non the wanted list.<\/p>\n
Spokesman for the Indonesian Ministry of Foreign Affairs Marty
\nNatalegawa said that the ministry knew nothing about the arrests
\nas Pakistan had given no official notification.<\/p>\n
It is therefore time for the government of Indonesia to seek
\nout the truth of the matter and request that the Pakistani
\nauthorities treat Gunawan and Syaifuddin fairly.<\/p>\n
Vice President Hamzah Haz has backed this request and promised
\nto make legal attorneys available to the two students.<\/p>\n
Also, the Ministry of Foreign Affairs summoned Pakistani
\nAmbassador to Indonesia Syed Mustafa Anwer Husain on Tuesday over
\nthe issue.<\/p>\n
Hamzah's statements and the Ministry of Foreign Affairs'
\nsummons of the ambassador are to be appreciated and demonstrate
\nthe government's concern for the safety of its citizen abroad. We
\nhope the Pakistani government will be transparent in this
\nsensitive case.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/a-matter-of-procedure-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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