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Government Regulation in Lieu of Legislation No.1/2002 on Combating Criminal Acts of Terrorism, Section 29 (2002)



Section 29 [Funding]

1. Investigators, public prosecutors or judges shall be authorized to order banks and other financial institutions to freeze the assets of any individual whose assets are known or reasonably suspected to be the proceeds of any criminal act connected to terrorism.

2. An order issued by investigators, public prosecutors or judges as defined in Section 29 (1) shall be made in writing, identifying clearly:

a. the name and position of the investigators, public prosecutors or judges;

b. the identity of any person reported by banks and other financial institutions to the investigators, suspects or defendants;

c. the reasons for the freezing;

d. the criminal act suspected or prosecuted; and

e. the location of the assets.

3. Banks and other financial institutions, after receiving the order from the investigators, public prosecutors or judges as defined in Section 29 (2) must immediately implement the freezing.

4. Banks and other financial institutions must deliver the minutes of the implementation of such freezing to the investigators, public prosecutors or judges not later than 1 (one) working day from the date the order is implemented.
5. The assets frozen shall remain with the banks or other financial institutions.

6. Banks or financial institutions which violate the provisions set out in Section 29 (3) and (4) shall be subject to administrative sanctions in accordance with the prevailing legislation.




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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