Bali figures angry over court ruling

Bali figures angry over court ruling

The Jakarta Post, Denpasar/Jakarta

Balinese community reacted angrily on Friday to the
Constitutional Court ruling declaring Law No. 16/2003
unconstitutional, as law experts recommended amendments to the
Criminal Law Procedures Code to deal with terror suspects.

A group local figures said they will send a petition to the
President, the House of Representatives and the Supreme Court to
protest the verdict, which means Bali bombing suspects currently
undergoing questioning cannot be charged under Law No. 15/2005 on
antiterrorism as the law was enacted long after the Bali bombings
on Oct. 12, 2002.

Those who signed the petition include the prince of Puri
Kesiman Denpasar Anak Agung Ngurah Kusumawardhana, counselors of
Bali bombing victims, Haji Agus Bambang Prayitno -- who helped
blast victims right after the explosion -- and lecturer Putu
Suastha.

In their statement, the group demanded dismissal of five
Constitutional Court judges who voted against the retroactivity
principle of the Law No. 16/2003. The verdict of the nine-member
court is final and legally binding.

Bali tourism was hit hardest by the terror attack, which
killed 202 people.

In Jakarta a rights activist has suggested that the government
revise the Criminal Law Procedures Code to deal with terror
suspects and charge them under the Criminal Code, instead of the
draconian Antiterrorism Law.

"Revising the Criminal Law Procedures Code would be more
applicable than continuing to use the Antiterrorism Law," Munir
of the Indonesian Human Rights Watch (Imparsial) told a
discussion held by Judicial Watch.

Munir said in the revision, law enforcers, such as police,
could be given greater authority to investigate terrorist cases,
including detaining suspects for seven days.

The police have complained that the Criminal Law Procedures
Code, which allows detention of suspects for only one day, is
insufficient to deal with terror cases.

Law No. 15/2003 on terrorism allows the police to detain a
suspect for up to six months without charging them. Terrorism
carries a maximum sentence of death.

"If we want to heavily punish terror suspects, we could use
many articles in the Criminal Code. Although I'm against capital
punishment, the code does carry a maximum penalty of death,"
Munir said.

The Constitutional Court declared unconstitutional Law No.
16/2003 on the retroactive application of Law No. 15/2003, under
which all people implicated in the 2002 Bali bombings were
charged.

The court's ruling has raised fears that the convicts,
including those sentenced to death, could walk free if they file
for a case review or appeal to a higher court.

Munir said the court's ruling was a logical consequence of
Article 28 (i) of the amended Constitution, which maintains a
non-retroactivity principle in Indonesia's judicial system.

"It's no surprise to me. We had advised that the retroactivity
principle should not be recognized since it would create
problems," he said.

He said based on international human rights principles and
conventions, retroactivity can be applied in the case of
extraordinary crimes, such as war crimes, genocide and crimes
against humanity.

However, Munir dismissed the idea that an act of terrorism was
an extraordinary crime, due to the unclear definition of
terrorism.

Separately on Thursday, State Intelligence Agency (BIN)
director A.M. Hendropriyono said his office needed more authority
to detain terrorist suspects even before acts of terrorism
occurred.

Citing the importance of having preemptive authority against
terrorists, Hendropriyono urged the House of Representatives to
start deliberation of the intelligence bill.