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.