Detention Policy

960 Words4 Pages
First, until now, government never provide careful and clear assessment for all counter terrorism efforts. For instance, regarding the detention policy, both for preventive and pre-trial detention, government also does not make any good evaluation over the efficacy of this policy.
Undeniably, capturing the terrorist suspect may increase the police’s access to significant information because they can obtain from the detainees. As former Head of The National Counterterrorism Agency (BNPT) Saud Usman Nasution ever said that the prolonged of detention policy will help police to gain information and identify the involvement of suspect in terrorism.
Nasution’s statement may be understandable. Due to the nature of terrorist threats, the police may
…show more content…
The wiretapping is only reported to superior officer and/or Ministry of Communication and Information (article 31 verse 2). Previously, Article 31 Law 15/2003 on Terrorism clearly stated that wiretapping program must be initially approved by the court. The removal of this monitoring article has, of course, weakened the control on the counter terrorism activities.
Moreover, the deliberation of terrorism bill should review, reconsider and consolidate the counter-terrorism legislation passed in past years. The House and government should avoid the tendency to rush the deliberation of this bill. This step is important to prevent the counter-productive outcome of this legislation
Regarding the extension of detention period, the House and government should set the substantive standards for the special procedures. Not only establishing proper classifications, but also these should cover procedures, standards and conditions, both for detention and for releasing the detainees. Consequently, the discussion of the idea to expand detention period will be more comprehensive and justifiable. And the deliberation over the detention period should be based on careful and ample
…show more content…
Therefore, they should create layers of control — by the House, the court, the BNPT and civil society. The new law should also allow establishing an independent, competent and impartial investigation where there is a case of violation or abuse. If the preliminary inquiry indicates a certain violations, so the alleged violator should be brought to internal ethical tribunal and criminal prosecution. The failure of setting up good control mechanism for counter terrorism will result in impunity.
Not only that, the House and government also should upgrade the remedies and reparation procedures. Expert from Columbia Law School Matthew C Waxman (2009) warned that preventive detention, which aims to information gathering, might easily be overused or abused.
So, this repressive measure should be provided with sufficient guarantees of the remedies and reparations in instances of violations. The improvement should include the establishment of a clear, efficient and fair administrative process of awarding
Get Access