SBY's anti-terror policy<\/p>\n
Ridarson Galingging
\nJakarta<\/p>\n
We have yet again experienced a terrorist attack. The recent
\nbombing in Poso, Sulawesi and the "attack" on the Indonesian
\nEmbassy in Australia show that we have failed to learn from
\nsimilar incidents in the past and only react after innocent
\npeople's lives are taken.<\/p>\n
The government conducts investigations and tries to prosecute
\nthe perpetrators. For the most part, the government just looks
\nhelpless. Do we really think these terrorists are scared of
\nprosecution and the threat of heavy prison sentences? What is
\nmissing is a comprehensive anti-terrorism policy that can reduce
\nthe likelihood of more attacks occurring in the future.<\/p>\n
It is risky and erroneous to assume that terrorists will be
\ndeterred by criminal prosecution alone. People willing to blow
\nthemselves up in attacks -- as we saw in the Bali, the JW
\nMarriott, and Australian Embassy bombings -- do not fear
\nimprisonment or the death penalty. For religious extremists of
\nall faiths, death and sacrifice for their ideology is a blessing
\nfrom God. Prosecution works only against the direct perpetrator
\nin the field. If we lock them up forever, they cannot commit the
\nsame acts of terror again. But what about their networks, their
\nfinancial sources, and sleeping cadres and cells? Every time a
\nterror attacks occur, we see new perpetrators appear.<\/p>\n
The evidence suggests that the kind of terrorism that is
\noperating successfully in Indonesia, making common people suffer,
\nhas links to widespread networks domestically and
\ninternationally. As a parallel, the government cannot rely on
\ndomestic prosecution alone to combat these brutal criminals.<\/p>\n
The world community no longer defines terrorism as a domestic
\ncrime. UN Security Council Resolution 1373 (2001) has clearly
\nstated that terrorism in any form and manifestation is a threat
\nto international peace and security. Thus terrorism has a dual
\ncharacter as both a domestic and an international crime.<\/p>\n
Every state and government has an obligation to punish
\nterrorists and also deal with the threat at all levels.
\nIndonesians must not blame other countries in the international
\ncommunity when they demand that we take the terrorism issue
\nseriously. They are reminding us of our obligation as members of
\nan international community committed to peace and security.<\/p>\n
It is also erroneous to always view foreign condemnation of
\nIndonesian inaction and offers of help and cooperation as
\nintervention in our domestic affairs. Indonesia's neighbors and
\nfriends in the international community are affected by the
\ncountry's response to terrorist networks.<\/p>\n
Foreigners have been killed in large numbers on Indonesian
\nsoil, and religious extremists do not care about national
\nborders. If Indonesia waits to prosecute the perpetrators of
\nactual attacks rather than adopting a proactive approach,
\nterrorists can silently train on Indonesian soil and then go
\nanywhere around the world to carry out their attacks. Foreign
\ngovernments have a clear interest in whether Indonesia takes the
\nterrorist threat seriously and responds to it effectively.<\/p>\n
President Susilo Bambang Yudhoyono has condemned terrorism
\nrepeatedly, most recently during his visit to Washington, D.C. He
\nwants everyone to think that his government is taking a strong
\nanti-terror stand. But he has not created an anti-terrorism body
\nor policy that translates into actions to ensure that attacks
\nwill be prevented in the future.<\/p>\n
There must be a single body entrusted to implement a
\ncomprehensive anti-terror policy with the power to order
\nimplementation and compliance across all relevant government
\nagencies. The coordinating minister for political and security
\naffairs that is currently in charge of this matter is not
\npowerful enough. This minister cannot order law enforcement
\nagencies, the military, and other ministries to implement anti-
\nterror policies.<\/p>\n
The urgent need for a single body with a broad mandate on
\nterrorism matters cannot be postponed any longer if we want to
\navoid the loss of more innocent lives. President Yudhoyono alone
\nhas too limited time and energy to produce a comprehensive anti-
\nterror policy. The House of Representatives must also be involved
\nin the terrorism issue.<\/p>\n
What are some of the key components that should be included in
\na comprehensive plan of action on antiterrorism?<\/p>\n
First, we need a long term effort to modernize the education
\nsystem of various Islamic boarding schools throughout Indonesia.
\nA much more careful system of records at the provincial level is
\nalso important, as provinces issue state identity cards. We also
\nneed tighter requirements for issuing passports.<\/p>\n
Indonesia's control of the distribution of chemical substances
\nthat can be used to make explosives is inadequate, as are
\ncontrols on guns and accountability for military weapons. It is
\ndifficult to control and patrol Indonesia's borders. But a much
\nbetter job can be done than we see today. International police
\nand judicial cooperation must also be a part of these anti-terror
\nmeasures.<\/p>\n
The existing anti-terrorism Law No. 15\/2003 needs to be
\namended and complemented with UN sponsored anti-terrorism
\nconventions through ratification of the convention related to the
\nsafety of civil aviation, the conventions related to the safety
\nof maritime navigation and fixed platforms, the convention
\nrelated to dangerous materials, and the convention on the
\nfinancing of terrorism.<\/p>\n
It is also crucial that victims of terrorist attacks be
\ncompensated by issuing an implementing regulation to Article 36
\nof the antiterrorism law on providing compensation. At present
\nthe article is not clear as to which agency is responsible for
\nproviding monetary compensation.<\/p>\n
The writer is a lecturer in law at Yarsi University in Jakarta
\nand currently a doctoral candidate at Northwestern University
\nSchool of Law in Chicago.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/sbys-anti-terror-policy-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}