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Terrorism law amendments should not threaten rights: HRW
Jakarta Post - February 9, 2016
Human Rights Watch (HRW) said on Tuesday that some of the 2003 Terrorism Law's proposed amendments contradicted Indonesia's international human rights obligations and could lead to violations of fundamental rights. Among the proposed amendments is stripping Indonesians of their citizenship if they are suspected of traveling abroad to fight for the Islamic State (IS) movement.
"Indonesia's legitimate security concerns don't give the government a green light to override fundamental human rights," HRW deputy Asia director Phelim Kine said on Tuesday.
"The Indonesian government should ensure that measures to keep people safe don't trample basic rights such as freedom of expression and association."
The law revision is part of the government's response to an attack near the Sarinah department store in Central Jakarta on Jan. 14. The incident killed eight people, including four attackers allegedly linked to IS.
HRW cited National Police chief Gen. Badrodin Haiti, who justified the amendments on the basis that authorities' ability to counter terrorist threats had been hampered by regulations that currently "did not allow for the prosecution of Indonesian citizens who had joined overseas terrorist groups".
The group also cited Coordinating Political, Legal and Security Affairs Minister Luhut Pandjaitan's warning on Jan. 21 that Indonesians would "have to give [up] some of [their] freedom" as part of the price for tougher terrorism laws.
Luhut, HRW further said, had indicated that amendments to the law would include confiscating the passports of Indonesians suspected of joining or fighting with IS and declaring that they "didn't belong to the government or the Indonesian people anymore".
The rights group highlighted President Joko "Jokowi" Widodo's statement supporting the proposal on the basis that it would allow the National Police to "take preventive action against suspected terrorists".
HRW said neither Luhut nor Jokowi had elaborated on the possible duration or judicial process the government would apply to the proposed passport confiscation or the stripping of citizenship.
"The government has also not provided any details on whether an amendment to strip Indonesians of their citizenship would apply only to dual or naturalized citizens, whether the citizenship-stripping would only be a possibility following a criminal conviction, or be subject to any form of judicial review," it added.
The group cited a 2013 UN report that stated "international law [...] obliges states to provide for an opportunity for the meaningful review of nationality decisions, including on substantive issues."
It says that if citizenship is revoked, "lodging an appeal should suspend the effects of the decision, such that the individual continues to enjoy nationality – and related rights – until such time as the appeal has been settled."
HRW said Luhut had also mooted criminalizing "insults" to the state such as a refusal to "recognize the Republic of Indonesia".
The group also cited National Counterterrorism Agency (BNPT) chief Comr. Gen. Saud Usman Nasution, who said on Jan. 21 that pending amendments to the law would including adjusting the official definition of "treason" to include those who joined "radical groups" or declared "caliphates" abroad.
"The term 'radical groups' is overbroad and could encompass any number of groups that do not necessarily commit or intend to commit violence against civilians for ideological or political purposes,' HRW said. (ebf)
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