Amended terror law to compromise human rights

Amended terror law to compromise human rights

Tiarma Siboro, The Jakarta Post, Jakarta

The government is drafting amendments to the existing
antiterrorism law that will compromise individual human rights so
as to ensure the safety of the public at large, an official says.

Ansja'ad Mbai, who heads the antiterror desk at the Office of
the Coordinating Minister for Political, Legal and Security
Affairs, said the amendments, if passed, would permit preemptive
measures even against people suspected of promoting radicalism.

"The existing law provides only a legal basis for measures in
response to acts of terrorism. It's reactive in nature," Ansja'ad
told The Jakarta Post.

He said the latest attacks on Bali, which killed 20 people in
addition to three suspected suicide bombers, revealed the
inadequacy of the existing legal framework for addressing the
root causes of terrorism in the country.

Under the amended legislation, he said, the police would be
allowed to detain a person without charge for more than seven
days -- the maximum period under the prevailing legislation.
Intelligence units would also be given greater roles in
preventing acts of terrorism.

"The targets of the preemptive measures will range from
teachings that promote radicalism to acts of provocation, hatred
and hostility. We have no legal basis for the taking of such
measures at the moment," he said.

He admitted that the tough measures would spark fears of the
return of authoritarianism, as under the New Order regime when
the use of violence was widely resorted to for the purpose of
silencing government critics.

"The existing law gives limited room for the state authorities
to work, partly because of our concerns about human rights. But
there must be a common understanding that we cannot protect the
human rights of individuals to such an extent as to sacrifice the
rights of the public at large," Ansja'ad said.

When asked if the amendments to the antiterrorism legislation
were inspired by the internal security legislation of a number of
neighboring countries, Ansja'ad said: "We are not necessarily
imitating these Acts. Indonesia has been the most comprehensive
laboratory of radicalism in the world for decades, so we know
exactly what we have to do."

Indonesia passed the current Antiterrorism Law following the
bomb attack on Bali in October 2002, which left 202 people dead.
Ineffective intelligence work has been blamed for recurring acts
of terror in the following years, including those targeting the
Marriott Hotel and the Australian Embassy, both in Jakarta.

Australia has offered legal assistance to help Indonesia
provide a more effective legal framework for eradicating
terrorism.

Ansja'ad said the government was open to foreign assistance,
underlining the importance of global cooperation in the war on
terror.