Bill gives BIN 'excessive powers'<\/p>\n
M. Taufiqurrahman, The Jakarta Post, Jakarta<\/p>\n
The draft bill on intelligence provides the National Intelligence
\nAgency (BIN) with excessive powers, say rights campaigners, and
\nwill put civil liberties in peril.<\/p>\n
Article 1 of the bill states that the BIN has the authority to
\narrest those suspected of conducting any activities that could
\nthreaten national security -- a power that will turn Indonesia
\ninto a police state, according to three prominent rights groups.<\/p>\n
\"This is very dangerous, as such an authority is possessed by
\nthe judiciary,\" Munarman of the Foundation of Indonesian Legal
\nAid Institute (YLBHI) said on Sunday.<\/p>\n
YLBHI, the Commission for Missing Persons and Victims of
\nViolence (Kontras) and the Institute for Policy Research and
\nAdvocacy (Elsam) said in a joint statement that the bill was rife
\nwith articles that could infringe upon basic human rights and
\ncontradicted the due process of law.<\/p>\n
Munarman said a power to arrest an individual upon suspicion
\ncould diminish the professionalism of intelligence officers, as
\nthey could resort to the method before all other measures had
\nbeen exhausted.<\/p>\n
\"The intelligence agency should collect information
\ndiscreetly, without the knowledge of those who are targeted, and
\nthis requires officers' professionalism. The article on arrest
\nwould prompt officers to detain suspects to collect information,\"
\nhe said.<\/p>\n
The bill also grants the BIN chief a powerful role relative to
\nheads of intelligence units in other government institutions:
\nArticle 27 states that the appointment of heads of other
\nintelligence units, such as those at the Attorney General's
\nOffice and the National Police, must be approved by the BIN
\nchief.<\/p>\n
The BIN chief can also recommend a candidate for the House of
\nRepresentatives' commission overseeing intelligence affairs.<\/p>\n
Another cause for concern in the draft bill is a stipulation
\nthat BIN can run its own business activities to raise funds aside
\nfrom their state budget allocation to cover operational costs.<\/p>\n
Further, Article 23 of the draft bill allows BIN to purchase
\nfirearms directly from producers as part of its business
\nactivities.<\/p>\n
Usman Hamid of Kontras said such a privilege could spur an
\nillicit firearms trade in the country.<\/p>\n
Riding on the coattails of the United States-led war on
\nterror, BIN began drafting the bill on intelligence in 2002,
\nformulated exclusively by intelligence agency officials.<\/p>\n
The government has not submitted the draft to the House for
\ndeliberation as of yet.<\/p>\n
\"BIN cannot be left to itself in formulating the draft bill,
\nas it will surely draw up regulations that will give the agency
\nthe maximum benefit,\" Usman said.<\/p>\n
He said the coordinating minister for security and political
\naffairs must immediately take over the drafting of the bill and
\nmake it more accountable to the public.<\/p>\n
Despite their criticisms, the rights watchdogs said the
\ncountry needed a law on intelligence more than it did in the
\npast, especially to deal with future terrorist attacks.<\/p>\n
\"Successive terrorist attacks in the country have indicated
\nthat our intelligence did not perform well and had not heard the
\nwake-up call. A law on intelligence should boost its
\nprofessionalism,\" Usman said.<\/p>",
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