Analysis of the new antiterror regulation<\/p>\n
Bayu Wicaksono, Civil Society Alliance for Democracy (YAPPIKA),
\nJakarta<\/p>\n
Following the tragedy in Bali, Minister of Defense Matori
\nAbdul Djalil proposed that the bill on the eradication of
\nterrorism be turned into a government regulation in lieu of a
\nlaw. This regulation consists of two parts, Regulation No. 1\/2002
\non the eradication of terrorism and Regulation No. 2\/2002 on its
\nenforcement regarding the events of Oct. 12.<\/p>\n
It is clear from these two government regulations that much of
\nthe substance has been taken from the bill on antiterrorism,
\nreflecting the rush in which the regulation was made -- or maybe
\nalso the slowness of legislators that led to its issuance.<\/p>\n
These regulations were indeed designed as a breakthrough to
\nenable fast action, which security forces can use as a resort to
\nprevent terrorist acts. The question is whether the regulation,
\nmade retroactive, may really enabl our intelligence force to work
\nfaster. And is a retroactive regulation a violation of human
\nrights?<\/p>\n
Although the two regulations have been issued for a good
\npurpose, their ratification fails to touch the real crux of the
\nmatter in relation to the eradication of terrorism and its
\nnetwork at home. The regulation does not define clearly what a
\nterrorist is. Article 3 says, "This government regulation in lieu
\nof a law is applicable to anyone committing or intending to
\ncommit terrorism in the territory of the Republic of Indonesia
\nand\/or other countries ..."<\/p>\n
Meanwhile, Article 6 reads, "Anyone intentionally using
\nviolence or a threat of violence to bring about an atmosphere of
\nterror or fear against people broadly and to cause victims to
\nfall en masse, by means of seizing the freedom or the loss of
\nsouls and assets of other people, or result in damage to or
\ndestruction of strategic vital objects or environment or public
\nor international facilities, shall be subject to capital
\npunishment" or a life term of up to 20 years.<\/p>\n
The articles clearly give much room for interpretation and can
\ntarget anyone labeled as a terrorist, including separatist groups
\n-- which harks of past practices in the security forces targeting
\nanyone labeled as potentially subversive.<\/p>\n
Further, Article 26 states that to obtain sufficient
\npreliminary evidence, an investigator may use every intelligence
\nreport. Second, it is after the process of examination by the
\nchairperson or deputy chairperson of a district court that a
\nstatement must be made to the effect that sufficient preliminary
\nevidence has been obtained. This shows the powerfulness of
\nIndonesian intelligence in its position to make someone a
\ndefendant. An intelligence report may be used as preliminary
\nevidence in court that someone has committed acts of terror.<\/p>\n
This provision, apart from being dangerous, may also lead to
\nan abuse of power. Basically, when someone is labeled a
\nterrorist, this label will stay with him over a long period even
\nif he is finally discharged for a lack of evidence. What if the
\nreport is wrong and inaccurate?<\/p>\n
Meanwhile, our intelligence agencies must be made effective by
\nintroducing basic changes, for example by setting a standard of
\nintelligence recruitment suiting international standards. In
\nother words, we must question who will and can sit in
\nintelligence agencies. Who will command intelligence agencies
\nmust be clear. Besides, it must also be clear what these
\nintelligence agencies will be used for. Another important job is
\nto map out organizations assumed to be part of an international
\nterrorist network.<\/p>\n
Indeed, because Indonesia has no "experience" in dealing with
\nterrorism of the scale shown in the Bali bomb blast, this country
\nshould be more open in receiving offers for assistance. Tardiness
\nand an inability to arrest the perpetrators will lead to more
\npressure of the international community on Indonesia, a situation
\nmaking it more difficult for the country to get itself out of the
\ncrisis.<\/p>",
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