Bali figures angry over court ruling<\/p>\n
The Jakarta Post, Denpasar\/Jakarta<\/p>\n
Balinese community reacted angrily on Friday to the
\nConstitutional Court ruling declaring Law No. 16\/2003
\nunconstitutional, as law experts recommended amendments to the
\nCriminal Law Procedures Code to deal with terror suspects.<\/p>\n
A group local figures said they will send a petition to the
\nPresident, the House of Representatives and the Supreme Court to
\nprotest the verdict, which means Bali bombing suspects currently
\nundergoing questioning cannot be charged under Law No. 15\/2005 on
\nantiterrorism as the law was enacted long after the Bali bombings
\non Oct. 12, 2002.<\/p>\n
Those who signed the petition include the prince of Puri
\nKesiman Denpasar Anak Agung Ngurah Kusumawardhana, counselors of
\nBali bombing victims, Haji Agus Bambang Prayitno -- who helped
\nblast victims right after the explosion -- and lecturer Putu
\nSuastha.<\/p>\n
In their statement, the group demanded dismissal of five
\nConstitutional Court judges who voted against the retroactivity
\nprinciple of the Law No. 16\/2003. The verdict of the nine-member
\ncourt is final and legally binding.<\/p>\n
Bali tourism was hit hardest by the terror attack, which
\nkilled 202 people.<\/p>\n
In Jakarta a rights activist has suggested that the government
\nrevise the Criminal Law Procedures Code to deal with terror
\nsuspects and charge them under the Criminal Code, instead of the
\ndraconian Antiterrorism Law.<\/p>\n
\"Revising the Criminal Law Procedures Code would be more
\napplicable than continuing to use the Antiterrorism Law,\" Munir
\nof the Indonesian Human Rights Watch (Imparsial) told a
\ndiscussion held by Judicial Watch.<\/p>\n
Munir said in the revision, law enforcers, such as police,
\ncould be given greater authority to investigate terrorist cases,
\nincluding detaining suspects for seven days.<\/p>\n
The police have complained that the Criminal Law Procedures
\nCode, which allows detention of suspects for only one day, is
\ninsufficient to deal with terror cases.<\/p>\n
Law No. 15\/2003 on terrorism allows the police to detain a
\nsuspect for up to six months without charging them. Terrorism
\ncarries a maximum sentence of death.<\/p>\n
\"If we want to heavily punish terror suspects, we could use
\nmany articles in the Criminal Code. Although I'm against capital
\npunishment, the code does carry a maximum penalty of death,\"
\nMunir said.<\/p>\n
The Constitutional Court declared unconstitutional Law No.
\n16\/2003 on the retroactive application of Law No. 15\/2003, under
\nwhich all people implicated in the 2002 Bali bombings were
\ncharged.<\/p>\n
The court's ruling has raised fears that the convicts,
\nincluding those sentenced to death, could walk free if they file
\nfor a case review or appeal to a higher court.<\/p>\n
Munir said the court's ruling was a logical consequence of
\nArticle 28 (i) of the amended Constitution, which maintains a
\nnon-retroactivity principle in Indonesia's judicial system.<\/p>\n
\"It's no surprise to me. We had advised that the retroactivity
\nprinciple should not be recognized since it would create
\nproblems,\" he said.<\/p>\n
He said based on international human rights principles and
\nconventions, retroactivity can be applied in the case of
\nextraordinary crimes, such as war crimes, genocide and crimes
\nagainst humanity.<\/p>\n
However, Munir dismissed the idea that an act of terrorism was
\nan extraordinary crime, due to the unclear definition of
\nterrorism.<\/p>\n
Separately on Thursday, State Intelligence Agency (BIN)
\ndirector A.M. Hendropriyono said his office needed more authority
\nto detain terrorist suspects even before acts of terrorism
\noccurred.<\/p>\n
Citing the importance of having preemptive authority against
\nterrorists, Hendropriyono urged the House of Representatives to
\nstart deliberation of the intelligence bill.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/bali-figures-angry-over-court-ruling-1447893297",
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