A matter of procedure

No one can deny that the police have sharpened their senses, or their ability to fight terrorism. After the arrests of suspects in the Bali and JW Marriott blasts, the recent arrest of at least 13 people suspected of terrorism-related activities could be cited as a police success story.

Unfortunately, the arrests have elicited the protest of citizens who contend that the police have violated legal procedures. They have also accused the police of kidnaping the people who are reportedly Muslim activists.

The Indonesian Legal Aid Foundation (YLBHI), has claimed that the arrests were a violation of Law No. 15/2003 on terrorism. The faction of the Crescent Star Party (PBB) in the House of Representatives also blasted the police over what it called "arbitrary arrests."

The police have denied the accusations. Com. Gen. Erwin Mappaseng, head of the National Police Detective Unit said that everything had been done in accordance with prescribed legal procedures. He said that the police had shown the preliminary evidence required by the law to Commission I of the House, before making the arrests.

In defense of the police's action National Police Chief Gen. Da'i Bachtiar said that the arrests did not constitute abduction. Thus, he invited anyone objecting to the arrests to file a lawsuit against the police.

As controversy mounts, it may be helpful to consider Article 1, Paragraph 26, of Law No. 15/2003, which states that arrests can be made based on preliminary evidence reported by intelligence services. Article 2 of Paragraph 26 says that the intelligence report mentioned in Article 1 must be authorized by the head of the relevant District Court before any arrests are made. In fact, objections stemmed from the police's failure to present the arrest warrants, obtained from the District Court, when the arrests were carried out.

According to Minister of Justice and Human Rights Yusril Ihza Mahendra, the Criminal Law Procedure Code (KUHAP) is equally valid in the arrest of suspected terrorists as in the arrest of any other citizen suspected of criminal conduct. KUHAP rules that a copy of the arrest warrant must be handed to the suspect's family as soon as possible after the arrest.

But, while the KUHAP code rules that an ordinary suspect must be released after 24 hours of detention, the new antiterror law allows the police to detain a suspect for seven times that period, before their dossiers are forwarded to the public prosecutors' office.

Contrary to the denial of police officials, that mistakes were made during the arrests, Minister Yusril said that errors could possibly occur, given that the new antiterror law was signed only early this year.

It is clear, then, that the key to settling such controversies lies in the respect of legal procedures by law enforcers in their fight against terrorism. Stern measures must be taken to curb acts of terrorism, but with respect for basic human rights. The recent arrests have sparked the unfortunate speculation that, as all the suspects are said to be Islamic activists, the police are "against Islam."

The chairman of the Indonesian Council of Ulemas (MUI), Amidhan, said that the recent arrests reminded people of the arbitrary arrests made under the antisubversion law during the New Order regime, when the authorities had the right to detain anyone on the basis of mere suspicion.

In the meantime, while we are still busy with debating the arrests here at home, we are jolted by the arrest of two Indonesian students have been arrested in Pakistan. Rusman Gunawan, the younger brother of terrorist suspect Hambali, and Syaifuddin were among 15 Southeast Asian Islamic students detained by Pakistani security officials for alleged involvement in activities against the interests of Pakistan. However, in a breach of the Geneva Convention, the government of Indonesia has not been informed about the arrest of its citizens.

These arrests have evoked questions here, as according to National Police headquarters, the two Indonesian students are not on the wanted list.

Spokesman for the Indonesian Ministry of Foreign Affairs Marty Natalegawa said that the ministry knew nothing about the arrests as Pakistan had given no official notification.

It is therefore time for the government of Indonesia to seek out the truth of the matter and request that the Pakistani authorities treat Gunawan and Syaifuddin fairly.

Vice President Hamzah Haz has backed this request and promised to make legal attorneys available to the two students.

Also, the Ministry of Foreign Affairs summoned Pakistani Ambassador to Indonesia Syed Mustafa Anwer Husain on Tuesday over the issue.

Hamzah's statements and the Ministry of Foreign Affairs' summons of the ambassador are to be appreciated and demonstrate the government's concern for the safety of its citizen abroad. We hope the Pakistani government will be transparent in this sensitive case.