Government to submit new bill on terrorism

Government to submit new bill on terrorism

Fabiola Desy Unidjaja, The Jakarta Post, Jakarta

The government plans to submit a new bill as part of an addition
to the set of antiterrorism bills, one of which was endorsed by
the House of Representatives last week, to reduce to a minimum
the authority of the National Intelligence Agency (BIN) in
dealing with terrorism.

Justice and Human Rights Minister Yusril Ihza Mahendra said
after a meeting with President Megawati Soekarnoputri at the
latter's office that the newly endorsed bill had several things
that needed to be fine tuned to avoid misinterpretations in its
implementation.

"For example, Article 26 of the bill which says intelligence
reports could be used as evidence in terrorist cases could be
interpreted wrongfully, so we want to prevent BIN from abusing
the ruling," he said.

The bill's article allows the use of intelligence reports as
prima facie evidence and would thus be submissible in a court of
law.

The House of Representatives endorsed the temporary government
regulation in lieu of a law (Perpu) No. 1/2002 last week, while
at the same time a special committee of the House was still
reading the government-sponsored antiterrorism bill which was put
forth to replace the perpu on a permanent basis.

The Perpu, although constitutionally legal, is nevertheless
uncommon, because usually the House only needs to approve the
regulation, which was issued in a time of emergency.

The Perpu was issued by President Megawati Soekarnoputri just
a week after the Oct. 12 Bali terror attack, as the country had
no laws which dealt with terrorism.

The government's move is considered by many observers as a
waste of time and inefficient because the House will now have to
spend even more time deliberating the latest bill, which was
scheduled to be submitted within one month after the endorsement
of the Perpu.

Yusril said that the government had never requested that the
House deliberate on the Perpu in the first place, they are
normally meant to simply endorse it.

"The government has never asked the House to deliberate the
Perpu anyway as it is temporary. We are asking for a fast
deliberation of the antiterrorism bills so we can have permanent
laws," the minister said.

"However, the House said that they did not have enough time,
so the President will send an official letter, asking the House
to stop deliberating the antiterrorism bill which was submitted
two months ago," said Yusril.

He added that aside from Article 26, the new draft law will
regulate that witnesses' testimony through teleconference
facility will be accepted as legitimate.

"Currently such practices only happen in a court, but with the
draft law, it could be done during the investigation," Yusril
said.

This is not the first time Yusril blocked BIN from acquiring
greater authority in dealing with terrorism acts, as he also
refused it during the deliberation of the Perpu with the House.

Certain groups have argued that greater authority by BIN, led
by Hendropriyono, would be a serious threat to Muslims and
Yusril, part of a Muslim-based party, has always tried to reduce
that possibility.