Experts differ on the use of terrorism law for Poso

Kurniawan Hari, The Jakarta Post, Jakarta

Analysts had a mixed reaction to plans by the police to charge 15 suspects who attacked villagers in Poso, Central Sulawesi, under the new terrorism law.

Hendardi from the Indonesian Legal Aid and Human Rights Association (PBHI) said the plan clearly showed the government's intention to revive the subversion law.

"The plan only reminds us of the subversion law, which in the past the government was able to interpret anyway it wished," Hendardi told The Jakarta Post here on Sunday.

At least 10 people, mostly Christians, were killed when masked gunmen launched predawn raids on three coastal villages in Poso on Oct. 12.

Two days earlier, assailants killed three people and burned down nearly 30 houses and a church in Beteleme village, Lembo subdistrict, Morowali regency.

The 15 suspects were arrested in a joint police and military operation in the forests of Morowali. Six others were killed in the operation, including Muhammadong, the alleged planner of the attacks.

Most of the suspects are Poso natives, but at least two originally came from Lamongan, East Java, the hometown of convicted Bali bombers Amrozi, Ali Imron and Ali Ghufron, alias Mukhlas.

Frans Hendra Winarta of the National Law Commission said the use of Law No. 15/2003 on terrorism for the Poso attacks was valid.

Both analysts were commenting on a statement by National Police chief Gen. Da'i Bachtiar, who said the recent violence in Poso could be categorized as terrorist acts.

Poso was the scene of a three-year conflict between Christian and Muslim groups that began in 2000 and took more than 1,000 lives. Except sporadic violence, the hostility had waned in recent months.

Hendardi said the statement by the police chief showed the terrorism law could be applied arbitrarily by the government.

He said it was incorrect to use the law to charge the suspects in the Poso attacks. The police, he said, should use the Criminal Code to charge the suspects.

"I think the message is clear: to show that terrorist groups exist in Indonesia. This will be followed by repressive measures," Hendardi said.

Frans said the use of the terrorism law in the Poso conflict was valid because there had been reports that groups in Afghanistan were financing terrorist training camps in Poso.

Citing a statement from the head of the State Intelligence Body, A.M. Hendropriyono, Frans said terrorist groups from Afghanistan were thought to have been involved in the previous violence in Poso.

However, he said the government must be cautious in determining what is and is not terrorism.

"The security forces must be smart in defining what terrorism is because a misinterpretation of the terrorism law would only harm the people," Frans said.