Court start reviewing law on terror
Kurniawan Hari, The Jakarta Post, Jakarta
Eight Constitutional Court judges on Tuesday began hearing a demand for a judicial review of an anti-terrorism law by lawyers representing a convicted Bali bomber.
A team of lawyers representing Masjkur Abdul Kadir, who was sentenced to 15 years' prison for his involvement in the deadly attack, said terror Law No.16/2003 was illegitimate because it was implemented retroactively.
"The retroactive implementation of the law for the Bali bombing case is against the Constitution," lawyer Wirawan Adnan, said.
Article 28 (i) of the Constitution said no person can be charged with a retroactive law, he said.
Law No.16/2003, then a government regulation in lieu of a law, was passed shortly after the terror attack in Bali, which killed 202 people, mostly foreign holiday-makers, on Oct. 12, 2002. A total of 29 people have been sentenced to death and prison terms ranging from three years to life using the law.
Retroactivity was first adopted here in the trial of military, police and civilian officials held responsible for atrocities in East Timor in 1999.
Wirawan submitted necessary documents to the panel of judges presided over by Constitutional Court deputy chairman Laica Marzuki.
The lawyers said they would bring in legal experts for the next hearing, including Harun Alrasyid, Ismail Suny, and former justice minister Muladi.
Wirawan said the enforcement of the anti-terrorism law in the Bali bombing case was discriminatory. He said the law should also be used in the sectarian conflicts in Ambon (Maluku) and Poso (Central Sulawesi). Police have said these conflicts also involved acts of terrorism and they were known to have claimed many more lives than the Bali attacks, Wirawan said.
Unconfirmed reports estimate there have been about 6,000 deaths in Maluku and 2,000 in Poso during bloody clashes between 1999 and 2001.
Asked whether the team of lawyers were also representing other convicts and defendants in the Bali blasts, Wirawan said his team solely represented Masjkur Abdul Kadir.
Masjkur is waiting for the Bali High Court's verdict on his appeal.
In other items, the court on Tuesday also heard a demand for a review of manpower Law No.13/2003. A coalition of 24 labor organizations have demanded the court review the law, saying it only benefited employers.
Surya Tjandra, a lawyer representing the workers' organizations, said while the Constitution assured workers' protection, Law No. 13/2003 gave workers little bargaining power and few rights.
"The law allows employers to fire workers without prior notice. It also weakens the position of labor unions," Surya said.
He said he planned to bring economist B. Herry Priyono and labor expert Uwiyono to the next trial to testify.
The court was also today to hear the explanation from the lawyers requesting a judicial review of Law No. 24/2002 on State Credit Letters. However, the trial was adjourned as one of the lawyers Saut Siagian failed to attend.
Laica had expelled Saut Siagian for contempt of the court during the previous hearing. The lawyer was asked to apologize but refused.
Since its establishment in August, the court has received 23 requests from the public for judicial reviews of legislation.