By: Arifin )*
Strengthen prevention or anticipation of the crime of terrorism, appropriate to encourage the revision of Law No. 15 of 2003 about the Eradication of Terrorism. A bomb attack in Jalan Thamrin, Jakarta last week became lighter momentum to accelerate the revision. The majority opinion states, should not be revised but could issue a Government Regulation in Lieu of Law.
Chairman of the Center for Political Studies and Security (PSPK) Padjadjaran Universitiy in Bandung, Muradi said, the essence of the revision of the Act of Terrorism is how to make eradication of terrorism more effective in the perspective of law enforcement. Sindonews.com quoted on Thursday (01/21/2016)
According to his, there are 5 things who need to consider could be included in the revision of the Terrorism Act. First one, greater authority for police in order to capture person and identifiable groups associated with terror organizations. Second, consider the limitation of the authority of BNPT. Third, funding confirms the eradication of terrorism. Fourth, specialization functions on a number of existing anti-terror unit. Fifth, emphasis that terrorism is an extraordinary crime which requires special handling quoted of Republika.co.id.
Support to revision also came from researchers Parliamentary Social Concern Forum Indonesia (Formappi) Lucius Karus. “I think the proposed revision in the interest of the nation should need to be supported. Do not let a lack of regulation provide an opportunity for the freedom to acts of terror,” said Lucius to Sindonews.com, Monday (18/01/2016).
“It is necessary (revision of Terrorism Act). We already know indications for this potentially devastating effect, but we can’t act if there is no violation of the law, because of regulation of Indonesia in the prosecution of terrorism cases still weak, if compared with neighboring countries such as Malaysia, “said Chief of National Police Gen. Badrodin Haiti in Jakarta, quoted suara.com Tuesday (01/19/2016).
According to Haiti, some things that need to be revised in the Act Terrorism such as, the length of time the investigation to reveal communication with other terrorist groups particularly involved with international terrorist groups such as ISIS. Additionally, intelligence reports also needs to be used as an evidence, reported by Tribunnews.com.
He also considered that the law still has weakness, one of them is can’t ensnare Indonesian citizens who return to motherland after helping ISIS in Syria, quoted by suara.com on Wednesday (01/20/2016).
Another disadvantage, said Badrodin, a person or group that planned acts of terror can’t be charged under a criminal offense, even though the police already have evidence.
Meanwhile, reported by Tempo.co, Minister of Internal Affair, Tjahjo Kumolo assess the most important in the revision of the law is the effectiveness coordination function of the State Intelligence Agency (BIN). “Importantly, the BIN is not alone. There are military intelligence, BAIS, police intelligence, all of them coordinated by BIN,” he said.
Regardless of the debate whether or not revised the Terrorism Act, the one thing that must be considering is the spirit of preventive the eradication of terrorism. Should be implanted as the public mindset that the terror is part of an extraordinary crime. So as to face the extraordinary crime is certainly needed legal instruments outstanding, legal resources outstanding, community support outstanding, and progressive attitude that positioned the law truly as guardians of harmony with the vision of saving the nation and the younger generation, cited from Suaramerdeka.com.
In handling of the crime, we often struggle on human rights. A human rights perspective would be covered by the Act if preventive anticipation work effectively. On the other hand, we should not be indifferent to rescue the future of our children through adequate protection against potential interference extraordinary crime.
This dilemma is not simple to define, because can be “a Batman traps” towards the security forces. Which can be interpreted that these threats can violate human rights for many people/for the common good. Human rights can also be restricted, supported in the United Nations International Covenant on Civil and Political Rights (ICCPR) on article 4 point 1. In the article mentioned:
In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations
As an illustration is when early detection of acts of terrorism. Can be done by violating the rights of suspected terrorists like freedom and privacy. However, this is done to prevent more casualties to be caused by acts of terrorism.
)* The Author is Jakarta Regional Contributor
