Govt told to be cautious in issuing decree on terrorism

Govt told to be cautious in issuing decree on terrorism

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Analysts warned the government on Tuesday to be cautious about
issuing an emergency decree on terrorism that would allow the
authorities to take preventive measures against suspected
terrorists, saying that a lack of public scrutiny in the passage
of the decree could lead to rights abuses.

Fadjrul Falaakh of the National Law Commission (KHN), rights
activist Bambang Widjojanto and military observer Kusnanto
Anggoro said a draft decree must be effective in preventing
terrorist attacks as well as guaranteeing human rights.

"The issuance of the decree would show the international
community that Indonesia is serious about eradicating terrorism.
However, we will reject it if the government simply copies the
antiterrorism bill," Fadjrul told The Jakarta Post.

Earlier on Monday, Minister of Defense Matori Abdul Djalil
said the government would soon issue an emergency decree on
terrorism.

The director of law and legislation at the Ministry of Justice
and Human Rights, Abdul Gani Abdullah, confirmed that the draft
decree was jointly proposed by the ministry, the Ministry of
Defense, the State Intelligence Body, the National Police and the
Indonesian Military.

"We will hand over the draft to the President as soon as
possible," he told the Post by phone.

Abdul refused to comment on whether the draft decree was a
copy of the draft antiterrorism bill, which is currently being
reviewed by the Office of the Coordinating Minister for Political
and Security Affairs.

The government apparently decided to issue the emergency
decree following objections to the antiterrorism bill. These
objections to the draft bill revolve around the definition of
terrorism and the rights of suspected terrorists. The bill is
still open to public debate as the draft has yet to be sent to
the House of Representatives for deliberation.

Article 22 of the Fourth Amendment of the 1945 Constitution
stipulates that the president has the authority to issue an
emergency decree during emergency situations. However, the decree
must be approved by the House during a hearing, otherwise it must
be withdrawn.

Bambang said the government could utilize existing legal
instruments and institutions to combat terrorism.

"The lack of legal instruments dealing with terrorism does not
mean that law enforcers can do nothing about it. Law enforcers
should not hide behind such excuses," he said.

Both Fadjrul and Bambang also urged the government to ratify
several international conventions on terrorism. Indonesia has yet
to ratify any of the conventions.

"It's actually ridiculous for the government to attempt to
propose laws on terrorism despite the fact that it has yet to
ratify any international convention dealing with the issue,"
Bambang said.

He said the emergency decree must be in line with the
international conventions to prevent it from being used to abuse
human rights.

Fadjrul, who is also a law professor at Gadjah Mada
University, said preventive measures contained in the decree that
would limit individual freedoms were acceptable as long as they
did not contravene human rights.

"Preventive measures mean, for example, tighter screening at
immigration gates and ports of entry. Tighter screening takes
more time and money but it is acceptable," he said.

However, Fadjrul warned that the military could take advantage
of the proposed emergency decree to make a political comeback.

House Speaker Akbar Tandjung, meanwhile, told reporters that
the House had no objections to the issuance of the emergency
decree, saying the country was facing an emergency situation.

He said the government had asked the House to support the
proposed decree.