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 However, the decree must be approved by the House during a hearing, otherwise it must be withdrawn.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.