Comprehensive plan and special body needed to fight terrorism

Ridarson Galingging, Jakarta

We have yet again experienced a terrorist attack. The recent bombing in Poso, Sulawesi and the "attack" on the Indonesian Embassy in Australia show that we have failed to learn from similar incidents in the past and only react after innocent people's lives are taken.

The government conducts investigations and tries to prosecute the perpetrators. For the most part, the government just looks helpless. Do we really think these terrorists are scared of prosecution and the threat of heavy prison sentences? What is missing is a comprehensive anti-terrorism policy that can reduce the likelihood of more attacks occurring in the future.

It is risky and erroneous to assume that terrorists will be deterred by criminal prosecution alone. People willing to blow themselves up in attacks -- as we saw in the Bali, the JW Marriott, and Australian Embassy bombings -- do not fear imprisonment or the death penalty. For religious extremists of all faiths, death and sacrifice for their ideology is a blessing from God. Prosecution works only against the direct perpetrator in the field. If we lock them up forever, they cannot commit the same acts of terror again. But what about their networks, their financial sources, and sleeping cadres and cells? Every time a terror attacks occur, we see new perpetrators appear.

The evidence suggests that the kind of terrorism that is operating successfully in Indonesia, making common people suffer, has links to widespread networks domestically and internationally. As a parallel, the government cannot rely on domestic prosecution alone to combat these brutal criminals.

The world community no longer defines terrorism as a domestic crime. UN Security Council Resolution 1373 (2001) has clearly stated that terrorism in any form and manifestation is a threat to international peace and security. Thus terrorism has a dual character as both a domestic and an international crime.

Every state and government has an obligation to punish terrorists and also deal with the threat at all levels. Indonesians must not blame other countries in the international community when they demand that we take the terrorism issue seriously. They are reminding us of our obligation as members of an international community committed to peace and security.

It is also erroneous to always view foreign condemnation of Indonesian inaction and offers of help and cooperation as intervention in our domestic affairs. Indonesia's neighbors and friends in the international community are affected by the country's response to terrorist networks.

Foreigners have been killed in large numbers on Indonesian soil, and religious extremists do not care about national borders. If Indonesia waits to prosecute the perpetrators of actual attacks rather than adopting a proactive approach, terrorists can silently train on Indonesian soil and then go anywhere around the world to carry out their attacks. Foreign governments have a clear interest in whether Indonesia takes the terrorist threat seriously and responds to it effectively.

President Susilo Bambang Yudhoyono has condemned terrorism repeatedly, most recently during his visit to Washington, D.C. He wants everyone to think that his government is taking a strong anti-terror stand. But he has not created an anti-terrorism body or policy that translates into actions to ensure that attacks will be prevented in the future.

There must be a single body entrusted to implement a comprehensive anti-terror policy with the power to order implementation and compliance across all relevant government agencies. The coordinating minister for political and security affairs that is currently in charge of this matter is not powerful enough. This minister cannot order law enforcement agencies, the military, and other ministries to implement anti- terror policies.

The urgent need for a single body with a broad mandate on terrorism matters cannot be postponed any longer if we want to avoid the loss of more innocent lives. President Yudhoyono alone has too limited time and energy to produce a comprehensive anti- terror policy. The House of Representatives must also be involved in the terrorism issue.

What are some of the key components that should be included in a comprehensive plan of action on antiterrorism?

First, we need a long term effort to modernize the education system of various Islamic boarding schools throughout Indonesia. A much more careful system of records at the provincial level is also important, as provinces issue state identity cards. We also need tighter requirements for issuing passports.

Indonesia's control of the distribution of chemical substances that can be used to make explosives is inadequate, as are controls on guns and accountability for military weapons. It is difficult to control and patrol Indonesia's borders. But a much better job can be done than we see today. International police and judicial cooperation must also be a part of these anti-terror measures.

The existing anti-terrorism Law No. 15/2003 needs to be amended and complemented with UN sponsored anti-terrorism conventions through ratification of the convention related to the safety of civil aviation, the conventions related to the safety of maritime navigation and fixed platforms, the convention related to dangerous materials, and the convention on the financing of terrorism.

It is also crucial that victims of terrorist attacks be compensated by issuing an implementing regulation to Article 36 of the antiterrorism law on providing compensation. At present the article is not clear as to which agency is responsible for providing monetary compensation.

The writer is a lecturer in law at Yarsi University in Jakarta and currently a doctoral candidate at Northwestern University School of Law in Chicago.