TNI seeks clear legal basis to fight war on terrorism
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.