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.