Komnas HAM, Indonesia LOIPR ICCPR through Article 41 paragraphs (1), (2), and (3) of Law No.5 of 2018 and provisions of the draft Presidential Regulation on military authority, which broadly includes deterrence, prosecution, and recovery. The implication of this is that these regulations are threatening the supremacy of law enforcement in Indonesia as a democratic state. 70. Law No.5 of 2018 provides articles that will potentially create violations of human rights, such as the length of the detention period of up to 21 days, wiretapping of up to 2 years (1 year and extended 1 year). However, as this is regulated under the criminal justice system, legal procedures are indeed in place (to name a few, there is a provision on the requirement of a court order), including accountability for anyone who commits a violation, which is clearly regulated in the Law. There is also an oversight mechanism by the House of Representatives through a special oversight mechanism as regulated in Article 43J of Law No.5 of 2018. 71. With the plan to involve the armed forces in the draft Presidentian Regulation in handling criminal act of terrorism, there will be greater potential of threat to the law enforcement mechanisms and human rights violations. The reasons for this is firstly, the army is not part of the law enforcement apparatus, and secondly there is no proper legal control mechanism of its involvement. Thirdly, there is the coercive characteristics attached to the army. The army should only be involved as assisted personnel and in the most serious threat scheme. The army should not be provided as the main law enforcement agency as stipulated in the Presidential Regulation. 72. In addition to aforementioned cases of potential human rights violations, Komnas HAM also received complaints with regard to the handling of terrorism by the police. On September 4, 2019, Komnas HAM through its representative office in Central Sulawesi received two reports of Counterterrorism Special Detachment 88 actions related to the arrest and detention of three suspected terrorists in Palu where arrest warrant and disclosure of detention location were not given to the family. An act of sexual harassment against the suspected terrorist’s wife was also reported as documentation was made while she was half-naked. 73. President Joko Widodo verbally rejected the return of 689 Indonesian citizens from the territory of the Islamic State of Iraq and Syria (ISIS), many of whom were children and women. An in-depth analysis would be needed in this regard considering there is not a single fact on the reasons for leaving, be it ideological reasons, relocation with family, economic purposes, or any other factor. Therefore, the government cannot immediately reject their return. Based on Law No.12 of 2006 concerning Citizenship, Indonesia does not recognize the concept of stateless. Likewise, in accordance with Government Regulation No.2 of 2007 concerning Procedures for Acquiring, Revoking, and Cancelling Citizenship of the Republic of Indonesia, they do not automatically lose citizenship just because they went to an ISIS territory. List of issues: 1) How to ensure that the policy to combat terrorism is consistent with the criminal justice system paradigm through improved accountability of the process and compliance with principles of human rights? 2) What efforts have been made by the Police with regard to improvements of its institution and personal conduct of its officials, including criminal liability in handling terrorist acts? 16

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