AN ACT to make supplementary provision in relation to terrorism; to make provision about unlawful activities connected to terrorism; to prohibit certain religious ideologies, movements and groups; to grant powers to a certain institution; and for connected purposes.Enacting clause
كمي اين شرلوت كادوا، دڠن رحمت الله رجا ڤرسماكمورن هنيا بلندا، ڤڠيرن اورڽع نسوا، دلل، دلل، دلل.
Kami, Anna Tjarlotte Kedua, dengan Rahmat Allah, Ratu Persemakmuran Hindia Belanda dan Keratuan Noordenstaat, Kepala Uni Royal, Pembela Iman, dll, dll, dll.
Wij, Anna Tjarlotte de Tweede, bij de Gratie Gods Koningin van het Gemenebest Nederlands Indië en het Koninkrijk Noordenstaat, Hoofd van de Koninklijke Unie, Verdediger van het Geloof, enz., enz., enz.
We, Anne Charlotte the Second, by the Grace of God Queen of the Commonwealth of Hindia Belanda and of the Kingdom of Noordenstaat, Head of the Royal Union, Defender of the Faith, etc., etc., etc.
To All who shall see or hear these presents, Greetings! KNOW YE that We, having heard Our Ministers assembled in Our Council of State and in careful consultations with the Staten-Generaal of Hindia Belanda, have approved and decreed as We hereby approve and decree:
Chapter 1: Interpretation
For the purposes of this Act, unless contrary intention appears:
- "Wahhabism" or "Wahhabi Islam" mean the religious movement founded by Muhammad ibn Abd al-Wahhab in Najd, modern-day Saudi Arabia.
- "Wahhabist" or simply "Wahhabi" mean a natural person who adheres to the precepts of Wahhabism.
- Transient alien has the meaning given by the Immigration Act 2009 and refers to foreign nationals other than European Union and ASEAN nationals who temporarily stay within Hindia Belanda for purposes of leisure, business, or family reunion for a period less than 30 days.
- Private dwelling means a dwelling other than:
(a) a hotel, boarding house, motel or equivalent lodgings; or
(b) a dwelling solely occupied by members of a group of natural persons who share common living areas or other common amenities; or
(c) religious institutions where accommodation is available; or
(d) a vessel, other than a houseboat, used in navigation on the territorial waters of the Commonwealth of Hindia Belanda.
Chapter 2: Offences and prohibitions
Part I: Advocation of terrorism and hate(1) This section applies to a statement made by a natural person within the Commonwealth of Hindia Belanda that is likely to be understood by some or all members of the public to whom it is published as an encouragement, whether direct or indirect, to the preparation, commission or instigation of terroristic acts or offences considered to be terroristic in nature by convention.
(2) A person commits an offence if—
(a) he publishes a statement to which this section applies, or causes another person to publish such a statement; and
(b) at the time he publishes it or causes such a statement to be published, he—
(i) intends members of the public to prepare for the commission or instigation of terroristic acts, or offences considered to be terroristic in nature by convention; and or
(ii) intends members of the public to commit terroristic acts or offences considered to be terroristic in nature by convention; and or
(iii) intends members of the public to support terroristic acts or offences considered to be terroristic in nature by convention; and or
(iv) intends members of the public to condone or glorify terroristic acts or offences considered to be terroristic in nature by convention.
(v) intends to propagate hatred on the basis of his religious belief against a certain community.
Part II: Places of worship which harbour terroristic sentiments, terrorists or propagate prohibited religious ideologies(1) This section applies to activities carried out by a natural person, or collectively carried out by multiple persons connected to the management of a place of worship within the Commonwealth of Hindia Belanda, that are likely to be understood by some or all members of the public as promoting, glorifying and or condoning terroristic acts or offences considered to be terroristic in nature by convention; and to places of worship whose sentiment is likely to be understood by some or all members of the public to whom it has propagated as promoting, glorifying and or condoning terroristic acts or offences considered to be terroristic in nature by convention.
(2) A person commits and offence if—
(a) he publishes a statement within the vicinity of a place of worship to which this section applies, or causes another person to publish such a statement within the same; and
(b) at the time he publishes it or causes such a statement to be published, he—
(i) intends members of the public to prepare for the commission or instigation of terroristic acts, or offences considered to be terroristic in nature by convention; and or
(ii) intends members of the public to commit terroristic acts or offences considered to be terroristic in nature by convention; and or
(iii) intends members of the public to support terroristic acts or offences considered to be terroristic in nature by convention; and or
(iv) intends members of the public to condone or glorify terroristic acts or offences considered to be terroristic in nature by convention.
(3) A place of worship in particular is liable to prosecution if—
(a) it publishes a statement within the Commonwealth of Hindia Belanda to which this section applies, or causes another person and or institution to publish such a statement within the same; and
(b) at the time it publishes it or causes such a statement to be published, it—
(i) intends members of the public to prepare for the commission or instigation of terroristic acts, or offences considered to be terroristic in nature by convention; and or
(ii) intends members of the public to commit terroristic acts or offences considered to be terroristic in nature by convention; and or
(iii) intends members of the public to support terroristic acts or offences considered to be terroristic in nature by convention; and or
(iv) intends members of the public to condone or glorify terroristic acts or offences considered to be terroristic in nature by convention.
Part III: Adherence to certain religious precepts(1) This section defines prohibited religious movements and ideologies; and applies to instances where a natural person within the Commonwealth of Hindia Belanda adheres to such a religious movement or precepts.
(2) The following religious movements or ideologies are prohibited within the Commonwealth of Hindia Belanda:
(a) Wahhabism
(b) The Church of the Almighty God
(3) A person commits an offence if—
(a) after the coming into force of this Act, he adheres or continue to adhere to a movement or ideology specified in the foregoing Division (2).
Part IV: Membership to certain religious groups and parties(1) This section defines prohibited religious groups or parties; and applies to instances where a natural person within the Commonwealth of Hindia Belanda is involved with or a member of such a religious group or party.
(2) The following religious groups or parties are prohibited within the Commonwealth of Hindia Belanda:
(a) Muslim Brotherhood
(b) Hizb ut-Tahrir
(c) Mujaheedin Council in the East Indies
(d) Laskar Dawah
(e) Jama’ah as Salafiyya
(f) Islamic Defenders Front
(g) Sharia Enforcement Council of Sumatra
(3) It is irrelevant if, before or after the coming into force of this Act, the religious groups and parties specified in the foregoing division (2) alter its name as explicitly mentioned within the same, unless:
(a) His Majesty’s Government is satisfied that the aforementioned groups or parties have moderated their positions to the extent that they no longer pose direct threat to the Commonwealth of Hindia Belanda.
(4) A person commits an offence if—
(a) after the coming into force of this Act, he continues to be a member of or joins a religious group or party specified in the foregoing Division (2).
Chapter 3: Increases of penalties
Part I: Maximum penalties for terrorism-related offences(1) In Chapter 3, Part III, Division (1), paragraph (a) of the Terrorism Act 2002:
(a) “15 years maximum imprisonment for offences specified in the foregoing Chapter 2, Part I, Division (1), paragraphs (a), (c), (d), (e), (h) and (k)”; for “15 years” substitute “25 years”.
(b) after that paragraph insert the paragraph as set out in Division (2)
(2) The inserted paragraph is—
(b) “40 years maximum imprisonment for offences specified in the foregoing Chapter 2, Part I, Division (1), paragraphs (b), (f), (g), (i), (j) and (l)”
Chapter 4: Powers granted to the Royal Police
Part I: Entry, search and seizure of places of worship and arrest and questioning of persons connected to the same(1) Powers are hereby given to His Majesty’s Police in the Commonwealth of Hindia Belanda to:
(a) enter and search any place of worship within Hindia Belanda at which the Justice and Security Minister is satisfied that an offence specified in Chapter 2 has been committed, without warrant;
(b) seize any place of worship within Hindia Belanda at which the Justice and Security Minister or any other competent minister within His Majesty’s Government is satisfied that an offence specified in Chapter 2, Part II has been committed, without warrant;
(c) arrest any person connected to such a place of worship complicit in the preparation and commission of such an offence;
(d) question any person connected to such a place of worship complicit in the preparation and commission of such an offence;
(e) transfer the custody of such a person specified in the foregoing paragraphs (c) and (d) to the Nationale Veiligheidsdienst, if national security interest does so require; and
(f) enter, search and seize any property belonging to such a person specified in the foregoing paragraphs (c) and (d), without warrant.
Part II: Surveillance of places of worship(1) Powers are hereby given to His Majesty’s Police in the Commonwealth of Hindia Belanda to:
(a) keep any place of worship within Hindia Belanda which the Justice and Security Minister suspects to have committed or to be committing an offence specified in Chapter 2, Part II under surveillance; and
(b) convey any intelligence gathered during the course of such a surveillance to the Nationale Veiligheidsdienst.
Part III: Entry, search and seizure of private dwellings and arrest and questioning of persons to which they belong(1) Powers are hereby given to His Majesty’s Police in the Commonwealth of Hindia Belanda to:
(a) enter and search any private dwelling within Hindia Belanda at which the Justice and Security Minister is satisfied that an offence specified in Chapter 2 has been committed, without warrant; and
(b) seize any private dwelling within Hindia Belanda belonging to a person who has committed an offence specified in Chapter 2, Parts I, II, III and IV.
Part IV: Arrest(1) Powers are hereby given to His Majesty’s Police in the Commonwealth of Hindia Belanda to:
(a) arrest any person suspected of having committed an offence specified in Chapter 2, Parts I, II, III and IV;
(b) question any person suspected of having committed an offence specified in Chapter 2, Parts I, II, III and IV;
(c) arrest any person suspected of preparing, supporting, instigating or glorifying terroristic acts and offences considered to be terroristic in nature by convention; and
(d) question any person suspected of preparing, supporting, instigating or glorifying terroristic acts and offences considered to be terroristic in nature by convention.
Chapter 5: Additions to previous legislations
Part I: Terrorism Act 2002(1) After section 37 of the Terrorism Act 2002 insert—
(37a) Persons connected to terrorism or believed to be instrumental in the preparation, commission or instigation of terroristic acts within Hindia Belandan Overseas Territories including:
(a) Nyalas Prison Island and the territorial waters extending from which onto the border with the Maqtajeri Republic; and
(b) Ayer Hangat Islands.
Chapter 6: General
Part I: Extent(1) This Act extends to the Commonwealth of Hindia Belanda and territories, except the Autonomous Territory of Southeastern Malaya.
Part II: Commencement(1) This Act shall come into force on the day on which this Act is passed by the Staten-Generaal of Hindia Belanda and received Royal Assent.
Part III: Short title(1) This Act may be cited as the Terrorism (supplementary) Act 2017 or "the 6th Act passed in the year 2017 during the reign of Anne Charlotte II".
Schedule 1: Exceptions
(1) Exception from Chapter 2, Part III, division (II), paragraphs (a) and (b) is given to transient aliens who stay within the Commonwealth of Hindia Belanda for a period less than 30 days.
Schedule 2: Supplementation of previous legislations
(1) Unless otherwise specified, the provisions of this Act supplement the following legislations:
(a) Terrorism Act 1975
(b) Terrorism Act 1987
(c) Terrorism Act 1998
(d) Terrorism (amendment) Act 2000
(e) Terrorism Act 2002
(f) Terrorism Act 2005
(g) Terrorism (prevention) Act 2008
(h) Terrorism (supplementary) Act 2011
(i) Terrorism (cyber attacks) Act 2013
(j) Terrorism Act 2016