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Govt says antiterrorism bill protects human rights

| Source: JP

Govt says antiterrorism bill protects human rights

Tertiani ZB Simanjuntak and Debbie A. Lubis, The Jakarta Post,
Jakarta

Minister of Justice and Human Rights Yusril Ihza Mahendra brushed
aside on Wednesday fears of potential human rights abuse as a
consequence of the government regulations in lieu of law on
terrorism and the antiterrorism bill.

Speaking after a function here, Yusril said the legislations
incorporated possible legal measures against police investigators
for arbitrary arrest or detention.

He also underlined that the existing Criminal Code and
Criminal Procedures Code -- which stipulate the presence of
lawyers at every stage of an investigation -- were still in
effect unless the regulations or the bill stated otherwise.

"Pretrial motions against police investigators are not
impossible, as such legal measures will control the
investigation. If a suspected terrorist is not found guilty, the
court will issue the order to restore his or her name," Yusril
said.

He further said that his office had completed the draft of the
antiterrorism bill, which was presented to President Megawati
Soekarnoputri later in the day. The draft is expected to be
submitted to the House of Representatives for deliberation next
week.

Besides the bill, the government will also submit a request
for the lawmakers to approve the two government regulations in
lieu of law on antiterrorism and on the investigation into the
Bali blasts.

"The government hopes that the House will deliberate the bill
first before, perhaps, rejecting the government regulations which
contains many weaknesses. The regulations were issued to avoid a
legal vacuum that may hamper the investigation into the bombings
and other terrorist threats.

"I hope the House will understand this delicate situation,"
Yusril said.

Many human rights campaigners have urged the House to reject
the two regulations and instead call for improvement of the
Criminal Code in a bid to provide a stronger legal foundation in
the fight against terrorism.

Earlier in the day, the House's largest faction, the
Indonesian Democratic Party of Struggle (PDI Perjuangan)
expressed support for the enactment of the government regulations
on antiterrorism.

Faction chairman Roy B. B. Janis said that the government
needed to familiarize the public and political parties with the
regulations to avoid misinterpretation and misunderstanding about
the regulations.

House Deputy Speaker Soetardjo Soerjogoeritno, also of PDI
Perjuangan faction added that the security efforts were needed in
the current emergency situation in a bid to protect the people
who may fall victim to terrorism.

"The country needs a legal umbrella to deal with the political
situation at home, which is becoming complex," he said.

Speaking after the faction's internal meeting, Soetardjo said
strong legal measures were needed to anticipate the impacts of
the Bali bombing on the country's politics, economy, and social
and cultural affairs.

He expected the House to approve the regulations because to
pass a bill would take much more time.

Soetardjo said the public need not fear that the regulations
would encourage power abuse and human rights violations if they
were ratified.

"The public should not worry because the State Intelligence
Agency (BIN) does not work alone. It only serves to coordinate
intelligence personnel in several institutions. Besides, it has
to consult the government first before taking any measures," he
said.

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