Calls mount for revision of antiterrorism bill

Calls mount for revision of antiterrorism bill

Muninggar Sri Saraswati and Tiarma Siboro, The Jakarta Post,
Jakarta

The controversy surrounding the arrest and status of suspected
terrorist Omar al-Faruq has prompted calls for an antiterrorist
law that would provide a legal basis for the fight against
terrorism, while also preventing arbitrary detention.

Noted lawyer and the chairman of the National Commission on
Human Rights (Komnas HAM), Abdul Hakim Garuda Nusantara, urged
the government last week to revise immediately the antiterrorism
bill to provide a legal umbrella for the fight against terrorism,
and to avoid violations of existing Criminal Code procedures.

According to Abdul Hakim, several controversial articles in
the bill should be revised, including one that stipulates that
intelligence reports are a sufficient basis on which to submit
people to the due process of the law.

"Based on our Criminal Code procedure, no arrest can be made
without strong evidence and proper procedures being adhered to,"
Hakim said over the weekend, implying that intelligence reports
could not be used as prima facie evidence by legal enforcers to
prosecute people.

"We need an antiterrorism law, of course, in order to avoid
further legal loopholes, as in the case of the arrest and
deportation of foreigners accused of suspected terrorist acts.

"But this country's need (for legislation) should not be an
excuse for the government and lawmakers to ignore people's
rights," Abdul Hakim said.

Omar al-Faruq, believed to be a Kuwaiti citizen, was arrested
and deported from Indonesia as part of an intelligence operation
involving Indonesia's intelligence service and the Central
Intelligence Agency (CIA) of the United States.

Indonesian authorities have given conflicting statements about
al-Faruq's case. Minister of Justice and Human Rights Yusril Ihza
Mahendra defended al-Faruq last week, saying, "He cannot be
declared a terrorist because Indonesia does not yet have an
antiterrorism law."

Yusril's statement conflicted with earlier statements by
Indonesian authorities, who insisted that al-Faruq was an
Indonesian citizen wanted by the U.S. government for terrorist
acts in the U.S. even prior to the attacks of Sept. 11, 2001.

Topo Susanto, a senior lecturer at the University of
Indonesia, said the antiterrorism bill should be revised prior to
its passage because "it approves the arbitrary arrest of people".

"The Indonesian legal system does not recognize extraordinary
efforts -- including the involvement of intelligence officers --
for prosecuting people," he said.

Yusril, meanwhile, said the government had prepared an
antiterrorism bill but had delayed submitting it to the House of
Representatives due to objections from various parties.

Following the attacks on Sept. 11, 2001, in the U.S.,
Indonesia, the country with the world's largest Muslim
population, has been seen as a haven for people linked to the
international terrorist group al-Qaeda.

The U.S., as well as several neighboring countries, has
repeatedly accused Indonesia of being reluctant to prosecute its
citizens believed to have links with al-Qaeda.

Under international pressure, Indonesia prepared the
antiterrorism bill, which many consider to be based on the
Internal Security Acts of Malaysia and Singapore. The bill was
prepared earlier this year and was originally scheduled to be
submitted to the House in July. However, deliberation of the bill
was delayed following objections from rights activists, who
argued that several articles opened the door to rights abuses.

"We must avoid the imposition of a law that is similar to the
Internal Security Act of Singapore or Malaysia, because we have
different conditions here," said Topo.

"Those neighboring countries place state security as the
priority, but Indonesia, which is in the process of becoming a
democracy, has to support individual rights," he told the Post.

Abdul Hakim further warned the government not to use the
antiterrorism bill to eliminate political opponents.

"Because the definition of terrorism in the draft is unclear,
it could be used as a weapon to get rid of the government's
political opponents, as happened during the New Order regime,"
Abdul Hakim said.