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Government Regulation in Lieu of Legislation No.1/2002 on Combating Criminal Acts of Terrorism, Sections 17-18 (2002)



Section 17 [Terrorism involving organizations]

1. In the event the criminal acts is committed by or on behalf of a corporation, the prosecution and sentencing thereof shall be carried out against such a corporation or the management thereof.

2. A criminal act of terrorism shall be deemed to have been committed by a corporation if the criminal act is committed by persons who, based on their work relationship or other relationships, act in the environment of such corporation either individually or jointly.

3. In the event the prosecution is brought against a corporation, then the corporation shall be represented by its management.

Section 18 [Prosecution of organizations]

1. In the event a prosecution is brought against the corporation, then summons and subpoena shall be conveyed to the management at its domicile or where it has its office.

2. The principal sentence that may be handed down on a corporation shall only be in the form of fine in the amount of Rp.1,000,000,000,000 (one trillion rupiah) at the maximum.

3. A corporation involved in any criminal act of terrorism may be dissolved, its license to operate revoked and declared a banned corporation.




Section 1

For the purpose of this Government Regulation in Lieu of Legislation:

1. A criminal act of terrorism is any action having the elements of a criminal act in accordance with the provisions of this Government Regulation in Lieu of Legislation.

2. A person is any individual or group of persons, either civilian, military or police, who is responsible individually or as a corporation.

3. A corporation is an organized group of persons and/or properties, whether or not in the form of a legal entity.

4. Violence is any act of misusing physical strength with or without the use of unlawful means, which causes danger to the body, life and freedom of a person, including causing a person to become unconscious or powerless.

5. A threat of violence is any action intentionally committed to give a sign or warning about a certain circumstance that tends to cause widespread fear for a person or for the community in general.

6. The Government of the Republic of Indonesia is the government of the Republic of Indonesia and the representatives of the Republic of Indonesia overseas.

7. Representatives of foreign countries are foreign diplomatic and consular representatives and their members.

8. An international organization is an organization within the structural scope of the United Nations or any international organization outside the United Nations or any organization undertaking its duties representing the United Nations.

9. Assets are any movable or immovable, tangible or intangible objects.

10. A vital and strategic object is any place, location or building that has very high economic, political, social, cultural, and defence and security values, including international facilities.

11. A public facility is any place used for the interests of the general public.

12. An explosive is any material that may explode, any type of ammunition, bomb, burning bomb, mine, hand grenade or any explosive material made from chemicals or other materials used to create an explosion.



Section 6 [Basic definition of criminal act of terrorism]

Any person who intentionally uses violence or the threat of violence to create a widespread atmosphere of terror or fear in the general population or to create mass casualties, by forcibly taking the freedom, life or property of others or causes damage or destruction to vital strategic installations or the environment or public facilities or international facilities.

Sentence: death penalty or life imprisonment or imprisonment for 20 (twenty) years at the maximum or 4 (four) years at the minimum.

link to complete text of the Regulation: Indonesia-Government Regulation Combating Criminal Acts of Terrorism-2002-eng

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