Human rights and terrorism<\/p>\n
Although deliberations in the House of Representatives on the
\ngovernment-proposed draft law on terrorism are far from over,
\nfears currently circulating among the Indonesian public that the
\nnew law, if or when it is passed and enacted, will to some lesser
\nor greater degree herald a return to the days of military-
\ndominated authoritarian rule are difficult to quell. And little
\nwonder.<\/p>\n
It was little more than three years ago that Indonesians
\nmanaged to throw off their shackles after more than 32 years of
\nauthoritarian rule under president Soeharto's New Order. Having
\npaid the price in much bloodshed and suffering, Indonesians seem
\nto find little consolation in the fact that the revised draft
\ncurrently being debated in the national legislature promises that
\n"local" terrorists -- that is to say, Indonesians involved in
\nactivities defined as acts of terrorism but with no political
\nmotives and with no links to foreign or international networks --
\nwill be tried in accordance with the stipulations of the
\nIndonesian penal code.<\/p>\n
The stark reality, however, is that acts of terrorism are
\ndifficult to define with precision, although the effects are
\ntangible enough, and Indonesians are understandably reluctant to
\ndelegate too much power to the government, given their experience
\nof the recent past.<\/p>\n
In the draft currently before the legislature, the definition
\nof terrorism includes endangering or threatening the lives of
\nothers, destruction of property, depriving others of their
\npersonal freedom and creating widespread fear in the community.<\/p>\n
Abductions are punishable with prison terms ranging from four
\nto 12 years. Spreading fear in the community for political
\npurposes is punishable by five to 15 years in prison, and
\npolitically motivated acts of violence that cause the death of
\nothers or the destruction of property are threatened with prison
\nterms of five to 20 years or in extreme cases with the death
\npenalty.<\/p>\n
Another reason for much concern and misgivings is the proposed
\nestablishment under the law of a so-called anti-terrorist task
\nforce with wide-ranging powers. This task force would be formed
\nby presidential decree and led by the chief of the national
\npolice. Among other things, the task force would be empowered to
\ntap telephone conversations of suspected terrorists and detain
\npeople, without due legal process, for up to 90 days, extendible
\nto three times that period. In short, for many Indonesians the
\nproposed task force is an unwelcome reminder of Kopkamtib, that
\nall-powerful security agency of the Soeharto era.<\/p>\n
On the other hand, Indonesians hanker after a return to the
\nold days of peace and tranquility, when sectarian violence was as
\ngood as unknown and life for the majority of people was by and
\nlarge easy. Most Indonesians do see the need for some kind of
\nlegislation to enable the authorities to keep troublemakers in
\ncheck -- but not at the price of losing their newly acquired
\ndemocratic reforms once again.<\/p>\n
Besides, Indonesia is a signatory to the UN anti-terrorist
\nconvention and is therefore obliged to take concrete actions in
\nthe global fight against terrorism. Indonesia, in short, is
\ncaught in the same dilemma being faced by most other countries in
\nthe civilized world. It must find the right balance between
\ndemocratic freedoms and national security.<\/p>\n
This is not an easy task. The one thing we can hope for is
\nthat wisdom and good statesmanship will prevail among both our
\nlegislators and the authorities in order to arrive at a
\nformulation that benefits both the nation and the individual
\ncitizens of this country. Let us not forget that the fight
\nagainst terrorism is an extension of the fight to uphold the most
\nbasic of human rights of the population as a whole.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/human-rights-and-terrorism-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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