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.