Govt completes draft revision of antiterror law
Tiarma Siboro and Muninggar Sri Saraswati, The Jakarta Post, Jakarta
The government has completed the revised draft of much-criticized Antiterrorism Law No. 15/2003, which will grant more power to security authorities to deter acts of terrorism.
Abdul Gani, director general of legislation at the Ministry of Justice and Human Rights, said the revision was aimed at giving security authorities more room to combat terrorism.
The draft will target not only perpetrators of acts of terror but also those who are indirectly involved in terrorism or who assist the perpetrators, he said.
Article 9 of the draft stipulates that people who sell explosive materials can be charged under the antiterrorism law if the materials can endanger human life or the environment, or if the materials are proven to have been used in terrorist activities.
Human rights activists oppose the antiterrorism law, saying it opens the door to rights abuses, particularly an article that stipulates intelligence reports are sufficient basis to prosecute a person for an alleged act of terrorism.
Under the Criminal Code, preliminary evidence is required to prosecute an individual.
Turnig a deaf ear to human rights campaigners, the draft revision says intelligence information is enough to open a formal investigation, with the approval of a district court judge. In comparison, the current law requires the consent of the head of a district court.
"We think getting approval from the head of a court is not easy, therefore we think every judge should have the authority to declare an intelligence report sufficient basis to launch an investigation," Abdul Gani said.
A judge is given three days to examine the intelligence report behind closed doors, according to the draft.
"The public will have no access to the examination process, otherwise we would only allow terror suspects to slip through our fingers," he said.
Article 31 of the draft stipulates that security authorities -- after securing approval from a judge -- are allowed to tap telephone conversations or examine all mail and correspondence believed to be connected to acts of terror.
Compared to Law No. 15/2003, which allows the authorities to detain people for seven days in the absence of strong legal evidence that he or she may have committed an act of terror, the draft revision extends the detention period to up to 30 days.
The draft, nevertheless, reduces the detention period from six months to only 120 days, or about four months.
The revision also threatens a 12-year jail sentence for people who fail to inform security authorities of an act of terror or who help an act of terror take place.
Article 13, line (b) of the draft says that people can be charged with committing acts of terrorism if they wear clothes or display symbols to create terror among the public. But Abdul Gani said this article was still subject to change.
"We will soon propose the draft to the President and submit it to lawmakers for deliberation," he said.
Revisions to the antiterrorism law
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Law No. 15/2003 Revision ----------------------------------------------------------------- Article 25 Prosecutors are allowed to detain people The detention period is for up to 6 months reduced to 120 days
Article 26 (2) Intelligence reports are a sufficient Approval from basis to prosecute a person, with approval district court judge of a district court head is required
Article 28 Security authorities can detain suspects for seven days Detention period extended
to up to 30 days