Extra powers for Mega

President Megawati Soekarnoputri's move to sign two unprecedented government regulations designed to fight terrorism following the Bali carnage of Oct. 12 is, by and large, a welcome decision. At least it shows the serious -- albeit belated -- resolution of the government to take action and do something that demonstrates that Indonesia, too, regards terrorism as an extremely heinous act that threatens the fundamental fabric of society.

As Minister of Justice and Human Rights Yusril Ihza Mahendra explained just before midnight on Friday, the government issued both regulations in lieu of law, which could have taken months, or even years, to be passed by the House of Representatives. This measure was necessary, Yusril explained, because terrorism was an extraordinary crime and a crime against humanity. Extraordinary crimes demand extraordinary responses.

The government had already been working on a draft bill on antiterrorism to be submitted to the House next month. During the process, however, there was and still is very strong opposition to the general guidelines for fighting terrorism as formulated in the draft bill, which reminds people of the draconian antisubversion law of the previous era of former president Soeharto.

It is traumatic for at least two reasons: First, because the antisubversion law essentially disregards basic human rights and second, it provided the military with a very powerful tool to control sociopolitical life in the country and maintain the authoritarian regime of Soeharto for decades.

The downfall of Soeharto saw the end of an authoritarian regime. Annulment of the antisubversion law was a great relief to the whole country. It restarted the process of democratization after more than 50 years of independence. Nobody wants the revival of a similarly oppressive regime.

The Bali carnage, which left more than 180 people of different nationalities dead -- mostly unidentified as yet because of the devastating effects of the powerful bomb blast -- puts the country, which has been entrenched in multidimensional crises for more than five years, in a very difficult and seemingly hopeless position.

The national tragedy, however, also brought forth new opportunities for the whole nation, the government included, to act together, not only to fight terrorism, but to rebuild the country as well. While it is wholly inappropriate to say that the Bali carnage has been a blessing in disguise, the fact is the entire nation has now been given a huge stimulus to really focus its attention and efforts.

The two new regulations are only a few tools among many that could be used by the government to fight terrorism. They are comprehensive enough, but at the same time contain loopholes that could make them useless. The principle of retroactivity in the regulations, for example, goes against both general legal principles and the amended 1945 Constitution. However, if the House of Representatives rejects them within 30 days, the regulations must be withdrawn.

In fact, several other laws exist that could be used to fight terrorism, as well as other international conventions, and are still to be ratified but could be processed faster than the draft bill.

What is lacking is the determination on the part of the government, including the institutions that are responsible for the security of the nation and the House of Representatives. To some extent, there is some hesitation in using existing legal tools due to the political bickering that has impeded the upholding of law enforcement in this country so far.

These last few days, happily, have seen a diminution in the bickering among politicians and government officials. Practically everyone agrees that the Bali carnage is an extraordinary act of terrorism that would not necessarily be limited to Bali. Nobody argues against the urgency with which to do everything possible to hunt down the perpetrators and prevent and preempt similar acts from recurring.

President Megawati now has the luxury of an unprecedented carte blanche to lead the country in fighting against terrorism and to rebuild the nation at the same time. However, keeping in mind the phrase "noblesse oblige" -- that privilege in general brings its own obligations -- we hope Megawati will use her government's newly acquired powers with the utmost discretion.

Although there is no doubt in our minds that the President is well aware of this principle and does not need to be reminded of it, we consider it useful to remind her, as others within her inner circle of power holders might not have the same scruples that Megawati has shown thus far.