Police receive greater powers to fight terrorism

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.