JP/2/2LAW

JP/2/2LAW

Antiterror law revision gets tough on explosives

M. Taufiqurrahman
The Jakarta Post
Jakarta

The government is seeking to impose harsher punishments on those
who illegally sell substances that can be used for making bombs.

In a draft revision of Antiterrorism Law No. 15/2002 made
available to The Jakarta Post on Tuesday, the deliberate and
illegal sale of substances that can be used in the production of
explosives will be punishable by up to 12 years in prison.

Article 9A of the draft, which is dated July 22, also
stipulates that if the substances are subsequently proved to have
been used in a terrorist act, the supplier could be jailed for up
to 15 years.

The move is seen as an attempt by the government to tighten
its control over the distribution of substances that can be used
in the manufacture of explosives. Indonesia has been rocked by a
series of bomb attacks, especially since 2000, but security
officials have not been able to fully control the distribution of
such substances.

Last November, Sylvester Tendean, the owner of the Tidar
chemical stores, was prosecuted for his involvement in the Bali
bombings. The main suspect in the deadly bombings, Amrozi,
admitted that he had acquired the chemicals used to manufacture
the bombs from Sylvester's store.

In the draft, the government also plans to get tougher on
those who aid and abet terrorists.

Under the current law, a maximum sentence of 15 years'
imprisonment may be imposed on those who provide assistance to
the perpetrators of terrorist acts. The draft, however, also
provides for a maximum 12-year term for those who had prior
knowledge about a possible terrorist attack but failed to alert
the authorities.

"And if the possible terrorist attack actually happens, the
same person could face up to 15 years in jail," the draft says.

Contrary to the fears of some, the revision of the
antiterrorism law does not seem destined to result in a draconian
Singapore or Malaysia-style Internal Security Act (ISA), or give
more power to the military in the fight against terrorism.

As the draft now stands, it makes no mention of the
involvement of Indonesian Military (TNI) intelligence in the
fight against terror.

It only says in Article 26 that intelligence reports from
institutions other than the police could be used as evidence
after being authenticated by the National Police chief.

Earlier, the leading supporter of the revision of the
antiterrorism law, Coordinating Minister for Political and
Security Affairs Susilo Bambang Yudhoyono, said that the
government would give military intelligence the power to detect
and act on terror threats that required an immediate response.

Susilo made the proposal on the ground that the military was
underutilized while the police were suffering from personnel
shortages.

The National Intelligence Agency (BIN) has also asked for more
powers in the war against terrorism, saying that its current
marginal role had hampered the agency in its efforts to prevent
terrorist attacks.

BIN director Hendropriyono complained that the intelligence
agency could not take preemptive measures as it had no powers of
arrest. "Without the power to make arrests, BIN is like a German
shepherd dog kept on its leash by its owner so that it can't
chase after its quarry," he said.

Indonesia has several intelligence organizations, including
BIN, Indonesian Military intelligence (BAIS), and intelligence
units in the National Police and the Attorney General's Office.

Critics have rejected the plan to give the military more
powers to fight against terrorism, saying that this could easily
lead to human rights abuses.

Instead of asking for more powers, they say, the intelligence
agencies should improve their coordination with each other.