House Absent, Govt Asks for Time to Prepare for Hearing on Anti-Terrorism Law

The House absent while the Government unprepared to testify at a judicial review hearing of the Eradication of Criminal Acts of Terrorism, Tuesday (12/5/2023). Photo by MKRI/Bayu.

JAKARTA (MKRI) — The Constitutional Court (MK) held another material judicial review hearing of Article 43L paragraph (4) of Law No. 5 of 2018 on the Amendment to Law No. 15 of 2003 on the Stipulation of Government Regulation in Lieu of Law No. 1 of 2022 on the Eradication of Criminal Acts of Terrorism into Law (Anti-Terrorism Law) for case No. 103/PUU-XXI/2023, filed by Peria Ronald Pidu, Mulyadi Taufik Hidayat, and Febri Bagus Kuncoro (Petitioners I-III) on Tuesday, December 5, 2023 in the plenary courtroom.

However, the House of Representatives (DPR) was absent at the hearing and the Government was unprepared to testify. “[The House and the Government] will be given one more chance, otherwise [the Court] will consider you waiving your right [to respond to the petition],” said Chief Justice Suhartoyo, who chaired the hearing.

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Provision on Application of Compensation for Terrorism Victims Challenged

Petitioners Affirm Petition on Compensation for Terrorism Victims

At the preliminary hearing, the Petitioners asserted that the article had taken away the victims’ right to rehabilitation. The Petitioners are survivors of terrorism acts that had occurred before the Anti-Terrorism Law entered into force. They have not received any compensation or financial aid while victims of terrorism acts are eligible for it if they file a petition to the Witness and Victim Protection Agency (LPSK) by submitting a letter that validates them as victims of criminal acts of terrorism issued by the National Counterterrorism Agency (BNPT).

The filing of such a petition is limited to three years since the Law entered into force, i.e. June 22, 2018. Any petition filed after this deadline cannot result in compensation. This impacts the LPSK and the BNPT’s time frame for providing information to victims all across Indonesia.

In 2020, the LPSK distributed compensation amounting to a total of Rp39,205,000,000 to 215 victims of criminal acts of terrorism. In 2021 and 2022, it gave 357 victims compensation with a total Rp59,720,000,000. However, not all victims have received compensation. The short time limit has led to injustice for the victims. In addition, disproportionate information to terrorism victims across Indonesia means that not all victims have received compensation for the rehabilitation. This provision regulating time limit to file a petition for compensation is against the spirit of legal protection for victims. Therefore, in their petitum, the Petitioners requested that the Court declare Article 43L paragraph (4) of the Anti-Terrorism Law unconstitutional and not legally binding.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Andhini S.F.
Translator  : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

Tuesday, December 05, 2023 | 15:27 WIB 72