Pending the adoption of the Anti Terrorism Bill, Indonesia enacted ‘Government Regulation in-lieu of Law (Perpu) No. 1/2002 on Combating Terrorism and Government Regulation inlieu of Law (Perpu) No.2/2002 on the enactment of Government Regulation in-lieu of Law (Perpu) No. 1/2002.199 The Anti-Terrorism Bill was passed in March 2003 (the Law 15/2003). It was given specific retrospective effect by regulation Perpu 2/2002 for the purpose of convicting those individuals found guilty of the bombings in Bali. Suspected terrorists can be detained for up to seven days on the basis of preliminary evidence and then for a further six months for questioning and prosecution. Article 3(1) of Government Regulation in-lieu of Law (Perpu) No. 1/2002 stipulates that: This Government Regulation in lieu of Law prevails upon anyone conducting or having intention to conduct crime of terrorism in the territory of the Republic of Indonesia and/or in the territory of other states which also have jurisdiction and have expressed their intention to prosecute the offender. Other relevant provisions are contained in the Penal Code of Indonesia, Book Non Crimes. The Advisory Council of Jurists observes and recommends that: 1. While national security concerns are important to Indonesia, they need to be balanced with the human rights guarantees contained in Indonesian legislation, and international treaties to which Indonesia is a party, as well as the customary rules of international law which bind all States. 2. The retrospective effect of the anti-terrorist laws are contrary to the principle of legality in the field of criminal law as recognised in Article 15(2) of the ICCPR and as as a principle from which no derogation may be made. Consideration should be given to the use of the existing criminal law to deal with crimes committed before the enactment of specific antiterrorism measures. 199 Counter-Terrorism Committee Report - Indonesia, Security Council, S/2003/267, 7 March 2003, p.7. 97

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