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.