Retroactivity for terrorist regulations gains support<\/p>\n
Moch. N. Kurniawan, The Jakarta Post, Jakarta<\/p>\n
A number of experts expressed on Monday their support for a
\nretroactive principle in the government regulation in lieu of law
\nNo. 1\/2002 on antiterrorism, saying it must be implemented to
\ndeal with other terror attacks prior to the carnage in Bali.<\/p>\n
The government issued an additional regulation to specifically
\ntackle the Bali bombing attack that killed nearly 200 people and
\ninjured scores of others.<\/p>\n
Legal experts Frans Hendra Winarta, Achmad Ali and military
\nexpert Kusnanto Anggoro said the retroactive provision was
\nnecessary to try perpetrators of extraordinary crimes such as
\nterrorist attacks, which are deemed similar to crimes against
\nhumanity.<\/p>\n
\"The regulation must be retroactively applied to prosecute
\nperpetrators of previous unresolved acts of terror in the
\ncountry. Victims of these atrocities also need justice,\" Frans
\ntold The Jakarta Post.<\/p>\n
There were a number of terror attacks during the tenure of
\nformer president Soeharto directed against the state or against
\nthe general public and those carried out by the military.<\/p>\n
The Istiqlal Mosque bombing in 1978 and Gedung Seminari
\nAlKitab in Malang in 1984 are cases that remain unsolved, as well
\nas widespread abductions and terror tactics directed at anti-
\nSoeharto activists.<\/p>\n
\"If the retroactive principle goes against the amended 1945
\nConstitution, then we must amend our Constitution,\" he said.<\/p>\n
To avoid any abuse, Frans said only terror that was well
\norganized and resulted in mass victims and panic could be
\nprosecuted as a crime against humanity.<\/p>\n
Article 46 of the regulation stipulates that articles in this
\nruling may be implemented retroactively for particular cases
\nprior to the endorsement of the ruling, which will be made under
\na new law or government regulation in lieu of law.<\/p>\n
However in the amended 1945 Constitution, Article 28I
\nparagraph 1 stipulates that the right of citizens not to be
\nprosecuted retroactively is a human right that shall not be
\ndiminished under any circumstances.<\/p>\n
Citing the Constitution, there is also opposition from other
\nlegal experts regarding the retroactive principle, who fear the
\nprinciple would be used to issue rulings to prosecute individuals
\narbitrarily for terrorism.<\/p>\n
The opposition maintains that the only exception for the
\nretroactive principle are crimes against humanity; including
\nwidespread and systematic killing and slavery.<\/p>\n
Kusnanto agreed with Frans and called on the government to
\ndeclare terrorist acts as crimes against humanity, once the
\ncriteria has been established.<\/p>\n
He also demanded that mechanisms for public complaint be
\nestablished so that fair trials would be assured; that there
\nwould be rehabilitation after acquittal and punishment provided
\nfor false intelligence reporting.<\/p>\n
Achmad said the retroactive principle was a breakthrough that
\nmust be implemented to try perpetrators of any previous terror
\nattacks during the rule of former president Soeharto.<\/p>\n
\"With good will, we see the government is now capable of
\nrealizing the mandate of the people. So why can't the government
\nissue a ruling to deal with previous terror attacks, for example
\nthose on activists during the Soeharto regime,\" he said.<\/p>\n
He went on to demand that the House of Representatives control
\nthe issuance of the emergency rulings in order to avoid any
\nabuse.<\/p>\n
\"We can only hope that the government will use the principle
\nfor the sake of the people, not for its own interests,\" he told
\nthe Post.<\/p>\n
Under the amended 1945 Constitution a government regulation in
\nlieu of law issued by the government can come into effect
\nimmediately upon its issuance, however the House is required to
\napprove it in the following session.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/retroactivity-for-terrorist-regulations-gains-support-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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