Key points in decree on terrorism
Key points in decree on terrorism
The two newly-signed government regulations in lieu of laws on
antiterrorism confer wider powers on the security forces,
especially the police, to conduct investigations into alleged
terrorists.
Crucial points of the Government Regulation in lieu of Law
No.1/2002 on fighting terrorism:
* The new regulation defines terrorism as any violent act that
could create terror or insecurity among the public, violate the
public's freedom, cause the death of other people or cause the
destruction of vital or strategic objects.
* These crimes are then broken down into detailed acts, ranging
from petty acts such as the issuing of bogus threats to major
crimes such as using a nuclear weapon to create terror.
* A corporation involved in a terrorist act can be fined up to Rp
1 trillion and have its operational license revoked.
* Unlike the Criminal Code, the antiterrorism regulation allows
intelligence reports to be used as a legal evidence.
* Based on prima facie evidence, suspected terrorists can be
arrested for seven days and detained for a period of six months
for questioning and prosecution.
* Investigators also have the authority to go through personal
mail and parcels, and to tap telephone conversations or other
forms of communication, with the actual tapping being permissible
for a period of up to one year.
* Investigators, prosecutors and judges are given the power under
this regulation to block any bank account belonging to suspected
terrorists or those allegedly funding terrorist activities.
* The state also has the obligation to pay compensation and
restitution to the victims of terrorist acts through
The Government Regulation in lieu of Law No. 2/2002 allows
retroactively to bring the perpetrators of the Bali bombing
attack to justice. --JP