The House of Representatives has endorsed the amendment to the Terrorism Law. The police can now act to prevent terror. The role of society is also important in combating terrorism.
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JAKARTA, KOMPAS — Efforts to combat terrorism and the prevention of terror have new energy. The amendment to the Terrorism Law, which was approved by the House of Representatives on Friday (25/5/2018), is a legal umbrella for law enforcers to prioritize anticipative measures against terror.
Police officers assisted by the Indonesian Military (TNI) can carry out all the necessary steps to prevent terrorists from executing their acts while upholding human rights. Law enforcement officials are also authorized to crack down on Indonesian citizens upon their return to the country after joining terrorist groups abroad.
Besides prioritizing the prevention of terror, the Terrorism Law is considered more comprehensive in protecting victims of terror by stipulating for compensation, restitution, medical aid, psychological and psychosocial rehabilitation, as well as compensation for casualties. The terrorism bill had been deliberated since April 27, 2016, and its discussion was speeded up after a series of terrorist attacks in a number of areas.
After the Terrorism Law was passed, President Joko “Jokowi” Widodo, who was visiting the Kuningan Dam construction, in Kuningan regency, West Java, on Friday, said the most important thing is how we fight the terrorists. The President said TNI involvement in helping the Police combat terrorism is a technical matter that needs not be feared.
Indonesia has used both the soft and hard approaches in combating terrorism. The hard approach applies repressive law enforcement, while the soft approach is run through intensive communication by promoting social, economic and cultural approaches.
After attending the House plenary meeting at the House complex in Senayan, Jakarta, Law and Human Rights Minister Yasonna Laoly said the Terrorism Law was the legal basis for preventing terrorism.
"So, whenever there is preparatory action [for terror], crackdown and prevention can be implemented based on this law," said Yasonna.
Comprehensive
So far, law enforcement officers could only act after the acts of terror occurred. The chairman of the Special Panitia on the terrorism bill from the Gerindra Party faction, Muhammad Syafii, believed that this law regulates comprehensively the matters related to the fight against terrorism, ranging from prevention, prosecution, victim recovery, to institutionalization and supervision.
There are four articles in the Terrorism Act that can be used by law enforcement officers for prevention, namely articles 10A, 12A, 12B and 13A. One of them states that those who go to Iraq and Syria to join the Islamic State group and train to plan, prepare or commit terrorism or to fight in foreign countries for terrorist purposes can be sentenced to between four and 15 years in prison as stipulated in Article 12B.
A member of the special committee on the terrorism bill from the United Development Party faction, Arsul Sani, said there were two preliminary pieces of evidence that could be used to crack down on suspected terrorists before terrorism is carried out, namely intelligence reports requested by the district court as evidence tools other evidence in the form of video recordings, social media content or eyewitness accounts.
In Medan, North Sumatra, TNI commander Marshal Hadi Tjahjanto invited all the nation\'s children to combat terrorism. "We must make an effort to prevent the development of radicalism that can lead to terrorism. We need to work together to create a sense of security in the community," Hadi said during a Ramadan safari to Kodam I/Bukit Barisan Military Command headquarters in Medan.
Involving the community
Secretary-general of the Nahdlatul Ulama Board of Executives (PBNU) Helmy Faishal Zaini asked the government to immediately invite community organizations, figures who are active in the prevention of terrorism, and human rights activists to discuss the implementation of the law to avoid the development of misguided perceptions in the community.
A professor at Syarif Hidayatullah State Islamic University (UIN), Jakarta, Azyumardi Azra, said it is time for the state to act firmly against terrorism. Especially, for those who have participated in battlefield training with the Islamic state group. "Indonesia has to be more assertive. So far Indonesia is too soft in facing terrorism," he said.
The enactment of the amendment to the Terrorism Law also received a positive response from the Civil Society Coalition for Security Sector Reform. They emphasized the human rights instrument as a core feature and insisted that a presidential regulation is issued to stipulate that the TNI should not be involved without any presidential decree.
"The House should also immediately establish a supervisory team by involving civil society to maintain the principle of transparency and public accountability. Therefore, every year there needs to be an evaluation on the implementation of this rule, "said program coordinator of the Association of Legal Aid and Human Rights of Indonesia Julius Ibrani.