Govt to issue decree on terrorism amid pressure<\/p>\n
Muninggar Sri Saraswati, The Jakarta Post, Jakarta<\/p>\n
The government is expected to issue an emergency decree on
\nterrorism amid mounting international pressure for firm action to
\nbe taken against terrorism following the recent deadly bombing in
\nBali.<\/p>\n
Minister of Justice and Human Rights Yusril Ihza Mahendra said
\nthe government had decided to issue a decree due to \"the recent
\nemergency situation in the country\" despite the ongoing process
\nof the establishment of a law on terrorism.<\/p>\n
\"We know that every decision has its consequences, but we have
\ndecided to do this,\" he announced after a meeting in his office
\non Wednesday with an Australian mission led by foreign minister
\nAlexander Downer.<\/p>\n
Yusril confirmed that the content of the decree was based on
\nthe draft of the antiterrorism law, which has yet to be sent to
\nthe House of Representatives for deliberation.<\/p>\n
The government started drafting the bill last year, and
\nclaimed it was in line with Resolution No. 1373 of the United
\nNation's Security Council on terrorism.<\/p>\n
However, many have raised objections to the draft of the law,
\nfearing possible abuse of power similar to the abuse of the
\nantisubversion law used by the New Order regime to fight its
\npolitical opponents.<\/p>\n
Yusril admitted that the emergency decree had several flaws,
\nbut quickly said his office would rectify that.<\/p>\n
\"The government will not allow abuse of power (from the
\ndecree). We also don't want to be arrested (for political
\nreasons) under the decree in the future,\" he said.<\/p>\n
The government has supposedly issued the emergency decree to
\naccelerate the establishment of a legal instrument that enables
\nlaw enforcers -- who have repeatedly complained about the lack of
\nlegal basis to fight terrorism -- to conduct preemptive actions.<\/p>\n
According to the fourth amendment of the 1945 Constitution,
\nthe decree can be issued without House approval.<\/p>\n
The House can only approve or annul the decree in the
\nfollowing session. It has no authority to debate the content of
\nthe decree.<\/p>\n
Indeed, House Speaker Akbar Tandjung has announced House
\napproval for the decree.<\/p>\n
\"Basically, we support the government in taking immediate
\naction to solve the problem (terrorism),\" he said, saying that
\nthe House was expected to meet the government on Thursday to
\ndiscuss the matter.<\/p>\n
However, Ibrahim Ambong, the head of Commission I on security
\nand political affairs, opposed the emergency decree, saying that
\nthe House -- which would end its recess within two weeks -- could
\nfinish the deliberation of the antiterrorism bill in a month.<\/p>\n
Separately, Rudy Satrio of the University of Indonesia
\nsuggested that the government ratify several international
\nconventions on terrorism instead of issuing an emergency decree.<\/p>\n
To date, Indonesia has only ratified four of the 12
\ninternational conventions on terrorism. All of the four
\nconventions, which focus on aviation, were ratified before 1988.
\nThe country has not ratified any recent conventions on terrorism,
\nsuch as those on terrorist bombings or plastic bomb materials.<\/p>\n
Rudy urged the government not to make hasty decisions despite
\nmounting international pressure. The criminal law lecturer feared
\nthat the emergency decree could create further problems for the
\ngovernment should it be introduced into the country's legal
\nsystem, comparing it to the Human Rights Law.<\/p>\n
\"We all know the result. The state lost several cases against
\ndefendants related to East Timor rights abuse in the ad hoc
\ntribunal because of, among other things, the weaknesses in the
\nhuman rights law, which was made hastily,\" he said.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/govt-to-issue-decree-on-terrorism-amid-pressure-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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