Terrorism still threatens us. At a time when the nation has been hit by a pandemic, the National Police Anti-Terror Squad Special Detachment (Densus88) has been still busy arresting suspected terrorists.
By
EDITOR TEAM
·3 minutes read
Terrorism still threatens us. At a time when the nation has been hit by a pandemic, the National Police Anti-Terror Squad Special Detachment (Densus88) has been still busy arresting suspected terrorists.
Not to mention their preventive deradicalization efforts. As of the end of 2019, the number of terrorism prisoners was around 400 while the number of terrorist detainees was 190. They were in 90 correctional institutions and three state detention centers in 26 provinces. Instead of being deradicalized, the inmates experienced quite the opposite. They were radicalized further at many prisons. The rate of recidivism among convicted terrorists in Indonesia is still high, at around 8 percent.
All elements of the nation must work hand in hand to overcome this serious crime that endangers lives, and the nation’s security, ideology and even sovereignty.
Therefore, the submission of a draft Presidential Regulation (Perpres) on the duty of the TNI in counterterrorism to the House of Representatives for consultation was a step forward. Law No. 5/2018 concerning an amendment to Law No. 15/2003 on stipulation within Regulation in Lieu of Law (Perppu) No. 1/2002 on the eradication of terrorism mandates this.
At the praxis level, there are indeed things that require the involvement of the TNI. The efforts to tackle terrorism cannot only rely on the shoulders of the National Police or the National Counterterrorism Agency (BNPT). Under certain conditions, terrorism threatens vital objects of the state, even the head of state.
Nevertheless, this draft presidential regulation needs to be examined closely. Law No. 34/2004 concerning the TNI regulates the possibility of the TNI’s involvement in overcoming terrorism. However, this requires a political decision from the state, namely a joint decision of the President and the House. This draft presidential regulation has not clearly stipulated it. The terminology used in this draft regulation, such as deterrence, is not been regulated in laws.
The draft presidential regulation is also considered to have the potential to violate human rights in its implementation and contains many provisions that contradict a number of laws.
The criteria for the involvement of the TNI in relation to threats are also unclear, so it is feared that they could expand and potentially overlap with the role of the National Police. The draft presidential regulation is also considered to have the potential to violate human rights in its implementation and contains many provisions that contradict a number of laws.
Not to mention, there are fears that the presidential regulation will undermine the authority of the BNPT, which under prevailing laws is the front-line institution in combating terrorism. If that happens, it will even cause confusion on the ground that could be detrimental.
Some groups have even pushed the government to withdraw the draft presidential regulation. If the deliberation process of the presidential regulation continues, a consultation meeting between the government and the House will become a crucial point. We hope that the involvement of the TNI will be formulated appropriately so that it will strengthen the fight against terrorism, not weaken it.