Police receive greater powers to fight terrorism
Fabiola Desy Unidjaja The Jakarta Post Jakarta
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.
Signed by President Megawati Soekarnoputri late Friday night, the regulations provide justification for the security forces, in the name of maintaining order, to bring suspects in for questioning without solid legal evidence.
The two government regulations in lieu of laws, No.1/2002 on fighting terrorism and No.2/2002 on the implementation of the first regulation, were issued following the Bali bombing, which killed at least 184 people.
The 47-article antiterrorism regulation carries a maximum sentence of death and a minimum of four years imprisonment, with a maximum fine of Rp 1 trillion for the perpetrators of terrorism.
Here are the main points of government regulation in lieu of law No.1/2002:
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.
Those giving support to terrorists, including those smuggling explosives, are also covered by the new regulation.
The regulation also targets those threatening law enforcers during the prosecution process, giving false testimony or deliberately trying to pervert the course of justice in a terrorist trial.
The new regulation gives more power to investigators to arrest and detain suspected terrorists.
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 is allowed to confiscate property belonging to a terrorist defendant if the person in question dies during the trial process.
The regulation obliges the security forces to provide maximum protection for witnesses, investigators, prosecutors, judges, along with their family members, before, during and after the prosecution process.
The state also has the obligation to pay compensation and restitution to the victims of terrorist acts through the Ministry of Finance, based on a court decision.
An alleged terrorist who is finally found not guilty must be fully rehabilitated by the Ministry of Justice and Human Rights.