Experts blast antiterror bill for its definition of terrorism

Experts blast antiterror bill for its definition of terrorism

Moch. N. Kurniawan, The Jakarta Post, Jakarta

The proposed antiterrorism bill would not be effective as long as
it defined terrorist acts as non-political crimes, experts said
Wednesday.

Kusnanto Anggoro of the Center for Strategic and International
Studies (CSIS) was referring to article five of the bill, which
stipulated that terrorism was not a political or politically
motivated crime.

The latest draft of the bill defines terrorism as an illegal
act carried out intentionally that endangers property and people
and their belongings or causes fear, damage or death.

Terrorism, therefore, can be judged as damage to a range of
targets, including people, assets, the environment, state
secrets, culture, education, the economy, technology and
industry.

The bill threatens terrorists with a minimum three years in
jail and a maximum sentence of death.

The exclusion of terrorist acts from political crimes,
Kusnanto said, ruled out any possibility that terrorism had
political motives to alter national policy.

"A terrorist act has a political motive and it is not an
ordinary crime under the Criminal Code like theft."

He said the article would easily be misused by groups claiming
their actions were political.

Riefqi Muna of the Research Institute for Democracy and Peace
(Ridep) said the bill must be rejected as, among other things, it
did not clearly define a terrorist act and did not define
terrorism as a political crime.

"The bill is not clear, we reject it," he told the Post.

Kusnanto said the bill must be revised to make it applicable
and to minimize violations of human rights.

Commission for Missing Persons and Victims of Violence
(Kontras) coordinator Ori Rahman said it rejected the bill as it
had numerous articles that could spark human rights abuses.

"Although the bill stipulates that combating terrorism must
not violate the law and human rights, it contains numerous
articles that are open to human rights violation."

For example, he said an article on the interrogation of
suspected terrorist was vague, as it was unclear if a suspect had
the right to consult a lawyer.

Other articles that were prone to abuse, included the
investigators' authority to order banks to disclose details of
bank accounts and to close them, he said.

Ori said the creation of antiterrorism legislation would not
resolve terrorist problems in the country as the problems
centered around the National Police's inability so solve terror
cases.

"The police have failed to trace terrorist networks in the
past few years. If the antiterrorism bill is endorsed, will the
performance of the police improve?" he asked.

Reform faction legislator Imam Addaruqutni, who sits on the
House of Representatives' Commission I overseeing defense and
foreign affairs, said the bill did not yet reflect the needs of
Indonesians.

"It doesn't solve the problem that in the past, terror
activities were carried out by the military to oppress people.
The bill does not ensure the activities will not reoccur," he
said.

Imam also urged the government to drop any articles in the
antiterrorism bill that violated human rights.

Kusnanto also criticized the planned establishment of an ad
hoc task unit to formulate antiterrorism policy and strategy.

"It will only strengthen state institutions power over the
public," he said without elaborating.

Terrorist acts and penalties in antiterror bill

*Anyone who carries out violence or threatens to spark widespread
terror situations, causes fear death or damages vital objects,
the environment or public and international facilities faces the
death penalty

*Intention to commit a terrorist act carries a maximum 15-year
jail term

*Terrorists who attack using airplanes, or those who misuse
chemical, biological or nuclear materials will be sentenced to
death.

*Anyone who smuggles in or out of Indonesia, or manufactures,
receives, hides, or uses weapons, ammunition or explosives with
the intention to terrorize others will be sentenced to death.

*Anyone who raises funds for terrorist activities or aids
terrorists faces a maximum 15-year jail term

*Anyone who plans and/or orders people to commit terrorist acts
can be sentenced to death

* A company convicted of organizing a terrorist act will be fined
a maximum Rp 1 trillion (US$111 million), dissolved and banned.