Experts differ on how to manage threats<\/p>\n
Bambang Nurbianto, The Jakarta Post, Jakarta<\/p>\n
JAKARTA (JP): Most experts agree on the need to put an end to
\nthe threats currently being made to search out and expel
\nAmericans, but differ as to the legal grounds on which the police
\nshould go after those making the threats.<\/p>\n
Such threats have already caused hundreds of expatriates to
\nflee the country.<\/p>\n
Lawyer and women's activist Nursyahbani Katjasungkana said on
\nFriday that the police would be entitled to take action against
\nthose making the threats by using article 335 of the Criminal
\nCode.<\/p>\n
The article stipulates that someone is liable to prosecution
\nif he or she intimidates another person or causes them to feel
\ndiscomfort as the result of threats.<\/p>\n
\"If the police find it difficult to use the article because it
\ninvolves religious groups, at least the police could show the
\npublic that uttering verbal threats is against the law,\"
\nNursyahbani told The Jakarta Post.<\/p>\n
She also said that those who encouraged the public to
\nundertake certain actions could also become the target of police
\ninvestigation based on article 160 of the Criminal Code.<\/p>\n
Adrianus Meliala, a criminologist from the University of
\nIndonesia (UI), agreed that article 335 could serve as a legal
\nbasis for the police to take action against those making threats
\nagainst other people, but warned that the article is very vague
\nand could be subject to differing interpretations.<\/p>\n
He argued that under the present legal system, threats are
\nconsidered as crimes only if they are carried out.<\/p>\n
Article 335 was often used by the repressive regime of former
\npresident Soeharto to suppress opposition.<\/p>\n
\"If the police use the same article to go after those making
\nthreats of sweeping and killing, the police would become
\nunpopular,\" Adrianus said.<\/p>\n
Adrianus said that in many Western countries like the U.S.,
\nwhich adhered to the Anglo-Saxon system of law, anyone who
\nthreatened another person could become the target of a police
\ninvestigation.<\/p>\n
Based on this system, many English-speaking countries had
\nadopted special laws, such as antiterrorism laws, whose
\nimplementation was frequently marked by excess and the
\nviolation of human rights.<\/p>\n
Indonesia, however, followed the civil law system (derived
\nfrom Dutch law).<\/p>\n
Mulyana W. Kusumah, another UI criminologist, said the making
\nof a threat could become the target of a police investigation if
\nand only if the threat was addressed against a particular
\nindividual.<\/p>\n
\"A telephone threat, for example, could become the subject of
\nan investigation based on articles 338, 339 and 340 of the
\nCriminal Code. But if a threat is made during a speech without
\nany clear target, it cannot be investigated,\" Mulyana added.<\/p>\n
Articles 338, 339 and 340 of the Criminal Code deals with
\npremeditated murders.<\/p>\n
Mulyana also called on the police to use a persuasive approach
\nin dealing with Muslim groups which are upset with the U.S. plan
\nto attack Afghanistan over its policy toward Osama bin Laden, who
\nhas been named as the chief suspect in the attacks on Washington
\nand New York.<\/p>\n
\"I think the police made a good move by approaching the
\nleaders of these Muslim groups. Legal action against them would
\nonly cause further problems,\" Mulyana told the Post.<\/p>\n
Adrianus said the issue of sweeping had been exaggerated by
\nthe media by quoting persons who claimed that they would kill
\nAmericans if the United States attacked Afghanistan.<\/p>\n
\"The police have already guaranteed that they will protect
\nforeigners in the country. The foreigners have a choice -- either
\nthey can believe in the police or in the media,\" said Adrianus.<\/p>\n
Article 335:
\nWhosoever makes a threat of violence, a threat of another sort or
\na threat which gives rise to a sense of discomfort or unease
\nshall be subject to a maximum sentence of one years imprisonment
\nor a maximum fine of Rp 4,500.<\/p>\n
Article 160:
\nWhosoever encourages other persons in a public place to commit a
\ncriminal act either verbally or in writing ... shall be subject
\nto a maximum sentence of six years imprisonment or a maximum fine
\nof Rp 4,500.<\/p>",
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