Short Analysis: weakness of counter-terrorism laws in Indonesia

Short Analysis: Weakness of Counter-Terrorism Laws in Indonesia

BY David Raja Marpaung S.IP , M.Def

Although various attempts have been made, and the actors have a lot to get caught, predicted terrorism would still be a problem of the nation in the future. Therefore, this issue is used as one of the priorities in the government agenda.

Weak legislation

Currently, Indonesia has had Law. 15 Year 2003 on Combating Criminal Acts of Terrorism. However, it was felt that the existence of the law is not adequate to address acts of terror even more prevalent after the application of Law no. 15 of 2003. Therefore, there are thought to create or revise some laws and regulations relating to the eradication of terrorism, namely:

• Need to be made Law On Intelligence (during the existence of the BIN only based Instruction, the Instruction of the President of the Republic of Indonesia No. 5 of 2002), so that there is clear coordination among all the intelligence agencies in Indonesia, both in the field of duty, authority, and responsibilities of each.

• Law should be revised. 15 Year 2003 on Combating Criminal Acts of Terrorism. Even if there is a view that assesses the need for a stronger rule of law (read: kind of Homeland Security Act / ISA), it is necessary to study thoroughly and deeply, given the existence of similar laws in the past and the experience left a bad impression on most people Indonesia.

To increase the effectiveness of counter-terrorism, in a meeting with Menkopolhukam on August 31, 2009, the House of Representatives Commission I Commission deems it necessary to Law No. 15 of 2003 on the Crime of Terrorism repaired include improving aspects of Prevention and capacity, including the possible establishment of a body operationally authorized to perform combat duty / counter-terrorism. In this connection the Commission I urge the Government to issue regulations as the elaboration of the provisions of Law No. 34 Year 2004 on the Indonesian National Armed Forces and Law No. 2 of 2002 on the Indonesian National Police, to set more detailed provisions of Rule of Engagement (rules of engagement) military, Military Operations In addition to job-related military war, including the rules of military engagement in addressing terrorism and perbantuan duty military to police.

No less important is the need for communities to be more involved to participate in fostering and maintaining security in their respective environments. In other words, it needs a more proactive effort to increase the sensitivity and awareness of domestic security.

It should also be understood that terrorism is not linked to religion, race, culture, or a particular nationality. Solving the problem of terrorism is also not enough just to eradicate after the action occurred. But the important thing is to find a root cause of terrorism why a growing sector in the country (particularly in Indonesia). In connection with this, the most fundamental question that should be asked is "why" a criminal act of terrorism occurs, not "what" is meant by terrorism. By knowing how a criminal act of terrorism occurs, then the therapy to "cure" might be easier to do.