Opposition ups against move to amend antiterror law

Opposition ups against move to amend antiterror law

Tiarma Siboro, The Jakarta Post, Jakarta

A retired police officer has joined human rights groups in
opposing the government's plan to amend Law No. 15/2003 on
antiterrorism that would give the military a greater role in
preventing terrorism here.

Koesparmono Irsan, a retired two-star police officer and also
a former member of the National Commission on Human Rights
(Komnas HAM), argued that the plan could create an overlap of
duties between the National Police and the Indonesian Military
(TNI).

National efforts to fight terrorism should remain the police
force's major role, he told The Jakarta Post on Saturday. "The
military can only be involved if the police ask them for help."

In case of high intensity of threats, "the President has an
authority to directly order the military without a prior request
from the police" to take over control of any given antiterrorist
operation, he added.

"We should not close the door on the military getting involved
in the antiterror fight," Koesparmono said.

"But since the law stipulates that the police serve in the
front line, I think what the government has to do is to formulate
a partnership between these two institutions in dealing with
terrorism," he added.

The government is currently revising the antiterrorism law
following the Aug. 5 bomb attack on the JW Marriott Hotel in
Jakarta, which killed at least 12 people. It was the worst blast
in the country since the Oct. 12, 2002 explosions in Bali, which
claimed at least 202 lives.

Analysts have blamed the Marriott blast on poor coordination
between intelligence agencies and the police in detecting the
latest terrorist attack.

It was nothing to do with what the government claimed to be
the lack of powers on the part of the TNI in antiterrorism drive,
they said.

Minister of Justice and Human Rights Yusril Ihza Mahendra said
the revision was to redefine TNI's roles in the antiterrorism law
because terrorism was a transnational crime, so that the military
had a valid reason to get more involved in the campaign.

But the amendment would not grant power to intelligence
agencies to arrest or investigate suspected terrorists, he added.
"The authority to arrest and question suspects will remain in the
hands of police."

The TNI welcomed the revision, saying it needed a legal
mandate to be able to play a significant role in fighting
terrorism.

TNI spokesman Maj. Gen. Sjafrie Sjamsoeddin said the military
had developed capabilities in two areas -- intelligence and
repression -- which could be used to deal with terrorism.

The TNI has several antiterror units in the Army, the Navy and
the Air Force, which could be mobilized to stop terrorist attacks
at the military chief's order, he said.

Koesparmono countered, saying that such uncertain limitation
in the role of the TNI would only repeat past mistakes when the
military had been given greater powers in many aspects, including
law enforcement.

"It will only lead to power abuse," he said.

Munir, Executive Director of Imparsial -- a non-governmental
organization concerned with human rights issues -- shared
Koesparmono's ideas, urging the government to specify the areas
that the military could be involved in antiterrorism.

Without limited roles of the TNI, the revision would give it a
permanent access to dealing with legal and security aspects,
added Munir, who has been a staunch critic of military power.

"Based on Law No. 3/2002 on national defense, the deployment
of the military is based on a political decision by the
President. It means, the military does not have free autonomy and
its involvement should be impermanent."

Munir, who is also a cofounder of the Commission for Missing
Persons and Victims of Violence (Kontras), accused the TNI of
deliberately seeking more powers through the revisions to the
antiterrorism law after it had failed to do so when it proposed
Controversial Article 19 of the draft bill on military.