TNI seeks clear legal basis to fight war on terrorism
Tiarma Siboro and Dadan Wijaksana, The Jakarta Post, Jakarta
Indonesian Military (TNI) chief Gen. Endriartono Sutarto suggested on Thursday that if the government were to continue the fight against terrorism it must impose a tough law that provides room for the military's involvement.
"If the government wants to deal with terrorism quickly, then it is necessary to provide a legal basis that enables the military to move fast," Endriartono told reporters after a meeting with President Megawati Soekarnoputeri at the State Palace.
"If it is within our authority (to crackdown on terrorism), then we only have to wait for our orders. There must be a clear law on this," Endriarto added without elaborating.
Endriartono's statement came amidst rising concerns over the ability of the police to crackdown on terrorists operating in the country. Currently, the police are the only institution authorized by law to deal with internal security issues.
However, Endriartono refused to link current terror acts across the country with the international terrorist group al- Qaeda, saying that "current terror acts were committed by groups who want to take advantage of the transition period after the military handed over part of its responsibility to the police."
"As member of the military, I don't want to interfere in the police's job to handle internal security. All we can do is wait for our orders. Should that job (of cracking down on terrorists) become our responsibility, then we only have to wait for the orders. There must be a clear regulation on this," Endriartono said.
Indonesia lacks a legal framework to deal with terrorism after the government decided to delay the deliberation of an antiterrorism bill due to objections from rights activists who considered the bill was prone to rights abuses.
To deal with the issue, the government has announced plans to impose the 1959 Emergency Law to provide a legal basis for security officers to deal with terrorist activities. The move followed the establishment of what intelligence sources said as strong evidences of several hard-line groups here establishing links with the al-Qaeda terrorist network. Intelligence sources have also discovered enough evidence that the country has become a transit stop for al-Qaeda members.
The government is also considering reinforcing the 1999 State Security Law which was issued during President B.J. Habibie's tenure, but has never been enforced due to strong public opposition.
Meanwhile, Amris Hassan, a legislator of the Indonesian Democratic Party of Struggle (PDI Perjuangan) opposed the government's plan to impose the Emergency Law, saying that imposing such a repressive law would be out of proportion.
He also questioned claims that the security in the country was so bad that such an emergency action was badly needed.
"Any of those laws, including the antiterrorist (draft) law, would mean that the authorities can arrest and interrogate a person just because they are suspicious of the person. How can you justify that?
"The way I see it, for now, we do not need those kind of regulations as yet. Just let the police do their job in handling security by using existing regulations," Amris told The Jakarta Post.
Amris, a deputy chairman of the House of Representatives Commission I on political, security and foreign affairs, also said that the existence of terrorist groups in the country was not indicative of their links with international terrorist groups.
Army Chief of Staff Gen. Ryamizard Ryacudu has also voiced a strong objection to the imposition of the 1959 State Emergency Law to crackdown on terrorism, arguing that no specific danger had been detected in the capital city of Jakarta.
Speaking at a meeting with chief editors of various mass media here on Thursday, Ryamizard said that the Emergency Law could only be imposed in conditions under which the regions or the state were threatened by prolonged conflicts such as in Ambon or Nanggroe Aceh Darussalam.
"Some parties are wondering whether or not the international terrorist group al-Qaeda has operatives here. Many are also wondering whether or not its network has plotted to kill President Megawati Soekarnoputeri. These facts, of course, are alarmingly dangerous, but I don't see that an emergency situation should be declared here ... what has exactly happened in Jakarta that necessitated a declaration of a state of emergency?" Ryamizard asked, adding that "until today, no international terrorists have been operating in Indonesia."
In a related development, the police questioned Mira Agustina, the wife of terrorist suspect Omar al-Faruq, in Bogor.
Mira, who has denounced allegations against her husband, was questioned for five hours by police officers from Bogor and National Police Headquarters, Antara reported.
Al-Faruq, reportedly a Kuwaiti citizen and believed to be a mid-level operative of al-Qaeda, was arrested and deported to United States authorities in June. He is currently said to be at a U.S. military base in Afghanistan, although a military source said he may be at the U.S. base in Guantanamo Bay, Cuba.
Mira said police interrogators asked for her confirmation of a report by Time magazine alleging her husband's involvement in al- Qaeda and the plot to kill Megawati.
State Emergency Law No. 23/1959
The president can declare a state of civil emergency, a military emergency or a state of war in the country or parts of the country only if:
1. Security or law order in said areas are threatened by rebellious actions, riots or the impacts of natural disasters, which cannot be handled by conventional means.
2. There are indications which can be considered jeopardizing the life of the nation.
Key points
Civil Emergency
The authorities can:
- search any building
- confiscate or ban the use of belongings which are considered a threat to security
- listen to, ban or cut off electronic communication
- require a license for a mass gathering
- restrict movement via curfews
- investigate any person considered a threat
- restrict activities related to publishing
Military Emergency
The authorities can:
- take control of post and telecommunications equipment
- close down buildings, such as meeting rooms, restaurants, shops or other public places
- monitor, limit and ban the flow of goods in and out of an area
- monitor, limit or ban land, water and air traffic
- expel people from an area
- ban people from leaving an area
- restrict activities related to publishing
- seize letters or goods delivered to post offices and other delivery service offices
- arrest people and keep them in custody for as long as 20 days, with arrest warrant
- extend the arrest to as long as 50 days, if approved by the central authority
1999 State Security Law
1. Safety of the state is the condition of state life that is free from any kind of threats, both internal and external, which could threaten the country's unity and sovereignty, so that the government, economic and social activities within society can function properly.
2. State Security is the state of the nation that ensures the safety of Indonesia's unity under Pancasila and the 1945 Constitution against all internal and external threats.
3. The implementation of the law is an effort to overcome the threats, both internal and external, as quickly, effectively and professionally as possible based on existing regulations.
Key points
Civil Order
- The president can declare the status when there is a threat that the police cannot handle alone
- The status can stay in effect for a maximum of 3 months
- The army can ban people from leaving and entering certain areas based on "sufficient" preliminary evidence
- The army can impose curfews
Military Emergency
- The president can declare the status when there is a threat to the country's sovereignty due to rebellious actions and efforts that can put the country's unity in jeopardy
- The military can ban people from leaving and entering certain areas based on "sufficient" preliminary evidence
- The military can limit the presence of people outside houses, only in a place where effort to overcome the situation takes place
- The military can search, summon and investigate people alleged to have the potential to cause threats to the nation
- The military can conduct a search and confiscate all evidence
- The military can take control of post office and telecommunications equipment
- The military can ban or limit speeches in public and other forms of meeting
- The military chief, on the president's order, can order people to work for the army.