Terror bill to be revised but controversy remains

Terror bill to be revised but controversy remains

Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta

The government is planning to revise the controversial
antiterrorism bill but most of the disputed articles will remain,
an official said on Tuesday.

The controversial Article 19 stipulates that a suspected
terrorist does not have the right to be represented by a lawyer,
to refuse interrogation, to be freed on bail or to establish
contact with any other people, including relatives.

Romli Atmasasmita, head of the inter-department law-drafting
team since 1999, argued that the team was aware that the article
was against basic rights but that it was necessary to deter
terrorism.

The bill is expected to be enacted into law by the House of
Representatives next year.

Romli, who is director general for public law administration
at the Ministry of Justice and Human Rights, said that the team
prefers to protect the basic rights of potential victims of
terrorist acts over the rights of terrorists.

"We do not want to give a terrorist suspect a chance to escape
investigation or to commit further crimes with the help of other
people," he said.

The second draft of the article will stipulate that
terrorists, who are Indonesians, be prosecuted in accordance with
the Criminal Code and that any foreign terrorists will be tried
under the strict antiterrorist law.

Romli admitted that the first draft has some fundamental
weaknesses, but added that the second will be more comprehensive,
incorporating regulations on immigration, banking, and
citizenship to ensure effectiveness.

He said the team will run a simulation project in January to
find a proper mechanism and system of a national agency to
enforce the law. The project is to replace the task force with
unlimited authority as stated in Article 11 of the bill.

The plan to improve the bill failed to impress critics.

Todung Mulya Lubis, chairman of the Foundation of the Center
for the Study of Human Rights, said that the essence of the bill
justifies violations to the people's basic rights.

He said that the debate over the bill is just another version
of the never-ending debate on the priority of the law: The
security interest of innocent civilians or the human rights of
suspected terrorists.

"Now the option is: Should we sacrifice our long-term
interest, a state of law that respects human rights, for the
short-term interest, of security, by passing such an
antiterrorism bill?" Todung questioned.