Mon, 21 Oct 2002

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