Jakarta: A push by Indonesia to dramatically toughen its approach to fighting Islamist militants has come under fire as a threat to human rights that could ultimately reverse gains in tackling extremists.
The security ministry has asked lawmakers for sweeping amendments to strengthen the hand of the state under the country`s 2002 anti-terror law, rushed into effect after bombings in Bali that year that killed 202 people.
The proposed amendments would allow detention of anyone believed to be involved in terrorism for at least 30 days -- up from a current seven -- without declaring them a suspect, anti-terror chief Ansyaad Mbai said.
The changes would also boost from 120 days to two years the time a suspect can be held before they see the inside of a courtroom and encompass bans on glorifying or inciting terrorism, as well as outlawing terrorist recruitment.
"Terrorism (relies on) networks. It is an extraordinary crime, it needs extraordinary measures," Mbai said.
"Why are all countries practising very tough laws while our laws are very soft?"
The move comes in the aftermath of July 17 double suicide bombings at Jakarta`s luxury JW Marriott and Ritz-Carlton hotels that killed seven people.
The attacks, the first in nearly four years, were blamed on fugitive Malaysian terror mastermind Noordin Mohammed Top, who heads a violent splinter faction of the Jemaah Islamiyah (JI) movement and who has been accused of a slew of bombings.
Noordin is believed to have narrowly escaped dramatic police raids that killed three of his acolytes last month and analysts say he has proved remarkably resilient at recruiting and planning attacks while on the run.
Anti-terror chief Mbai said the move to give authorities more clout will bring Indonesia into line with many Western nations that have tough anti-terror laws that allow for preventative detention.
But some terror experts here say it will backfire.
Since 2002, Indonesia has won plaudits for a two-track strategy that has seen hundreds of militants accused of violent attacks put on trial while extremists from JI and other groups have been left to preach and recruit undisturbed -- no matter how violent the message -- as long as they do not take up arms.
But a more draconian turn could radicalise more would-be militants while driving extremists underground, out of the reach of intelligence agencies, International Crisis Group (ICG) Southeast Asia director Jim Della Giacoma said.
"By creating a larger group of sympathisers you could be creating larger pools from which to draw radicals and creating larger pools in which radicals could hide," he said.
"These are very hard networks to crack. They are very small in some ways, they all went to school together and all know each other."
Rights groups are alarmed by the move to tighten the law and also say they are concerned by proposals to expand the anti-terror role of the military, blamed for widespread abuse dating back to the New Order regime of former dictator Suharto.
"When Indonesia had anti-subversive laws in the New Order era, the detention period was only 100 days. This is two years," said National Commission on Human Rights head Ifdhal Kasim.
"We`re worried that over two years, detainees can be tortured, they won`t be able to communicate with their families... this clearly isn`t in line with the rule of law and human rights. This proposal is over the top."
Kasim also said the law, while officially restricted to terrorism, could blur into crackdowns on separatists in regions such as Aceh and Papua.
Military and police in those areas have been implicated in a long list of rights abuses and laws already on the books see activists locked up for between 20 years and life for acts as minor as unveiling a pro-independence flag.
"Using the anti-terror law against separatist groups isn`t allowed, but we`re concerned in practice it could happen," Kasim said.
Bureau Report
