T

he Terrorism Law is on the brink of an overhaul as lawmakers continue to revise all aspects of counterterrorism.

After announcing a plan to increase the military’s role in the fight against terrorism, the House of Representatives special committee tasked with the amendment’s deliberation has proposed more provisions to protect the rights of victims.

The bill will elaborate more comprehensively on mechanisms and bureaucratic procedures to ensure that the victims impacted by terror attacks can immediately receive compensation and rehabilitation.

The current Terrorism Law already regulates compensation and rehabilitation, but there is no clear stipulation as to implementation, meaning that no victims have received compensation.

The main hurdle in the current process is that the victims, through the Witness and Victim Protection Agency (LPSK), can only demand compensation from the Finance Ministry if there is a court order.

The lawmakers are seeking to cut the legal requirement, meaning that the courts will not be needed to determine who is a victim and who can receive compensation and restitution. Under the bill, either the LPSK or the National Counterterrorism Agency (BNPT) will have the authority to make these decisions.

The bill will also mandate that all available hospitals must serve terror attack victims immediately after a terror attack has occurred. Furthermore, payment for the treatment will be billed to the government, through the Health Ministry.

“All impacts and consequences caused by acts of terror are the responsibility of the government. So we want to make [the bill] more comprehensive, not only in preventive measures and operations, but also in regards to post-attack measures,” committee chairman Muhammad Syafi’i of the Gerindra Party said.

The House is halfway through its deliberation process, although it hopes to complete the bill by mid-2017. More details about the protection mechanism will be discussed during deliberation of the bill’s problem inventory list (DIM) next month following the recess period.

Advocacy group Indonesian Alliance for Peace (AIDA) believes that compensation and retribution are crucial rights of victims. According to the alliance, since the Terrorism Law was implanted in 2003, the country has experienced several terror attacks, but the victims of these atrocities have never received compensation or benefitted from
retribution.

“Many parties, either from the private sector or government, come to the victims and give donations. But it is a donation, not official compensation as mandated by law,” group member Hasibullah Sastrawi said.

He added that it was important to clearly define terror victims in the bill. “If there is no clear definition, anyone could can claim themselves to be victims, even state officials,” he added.

BNPT chairman Suhardi Alius has recommended that the bill specifically define who is a victim and to what extends the victim deserves compensation and rehabilitation. He also suggested there should be a sanctions for perpetrators or their relatives who do not pay restitution to the victims.

“It’s crucial for the government to protect the rights of victims,” he said.