State security bill<\/p>\n
In the context of the discussion on the state security bill, I
\nwish to state that:<\/p>\n
1. It is correct that a state security law is needed
\naccording to Article 12 of the 1945 Constitution, which states
\nthat the conditions and consequences of an emergency situation
\nare determined by law.<\/p>\n
2. It is correct that a staatsnoodrecht (state of emergency
\nlaw) is already known here. The contents of the state security
\nbill are indeed the same as that law. We only need reminding of
\nthe state of emergency law as developed by Van Dullemen:<\/p>\n
-- The highest interest of the state is the presence or
\nexistence of the state itself.<\/p>\n
-- Emergency regulations are absolutely necessary.<\/p>\n
-- Emergency regulations are provisional, as long as there is
\nstill an emergency, and afterwards normal regulations are needed
\nand the emergency regulations no longer apply.<\/p>\n
-- When the emergency regulations are in effect, the House of
\nRepresentatives cannot hold a session or meet in the normal
\nmanner.<\/p>\n
With relation to the above conditions, the following needs to
\nbe asked:<\/p>\n
a. Are the conditions and consequences stipulated in the state
\nsecurity bill adequate to implement a state of special security
\nsystem or a state of emergency? If a group of people cause a
\ndisturbance by repeatedly shouting, the bill can interpret it as
\na revolt. And with a little engineering, the bill, if passed into
\nlaw, can be applied without much ado.<\/p>\n
b. Relative to the three-month special security system period
\nbeing extendible by three months, why would managing the
\nsituation take so long? What is the consequence if the six-month
\nperiod is passed and the situation is still not managed? Will it
\nbe stepped up into an emergency situation or shall the special
\nsystem be canceled immediately for the sake of law, meaning the
\nimplementation of normal regulations? Or will the Indonesian
\nMilitary (TNI) commander be consistent and resign from office?<\/p>\n
c. Why is the state security bill so slack by delegating so
\nmuch authority?<\/p>\n
The state security bill is as bad as the regulations of the
\nNew Order and the Reform Order which delegated too much. Is it
\nthe intention of the drafters to facilitate the presence of a
\nmilitary junta? Or is the ability of the drafters so low that
\nthey are not capable of creating stipulations which are oriented
\nto a state based on laws which uphold basic human rights?<\/p>\n
3. I consider Law No. 23\/Prp\/1959 to be adequate. That law
\ndoes not mention, however, that the TNI commander is a member of
\nthe board which will assist the president in a state of
\ncivilian, military or war emergency. Maybe the commander wants to
\nfulfill a role regulated by law. If that is the problem, it would
\nbe better to simply revise Law No. 23\/Prp\/1959.<\/p>\n
4. If the state security bill is still insisted upon, the
\ncommander must have the courage to bear the logical consequences,
\ni.e. regional military commands, resort military commands,
\ndistrict military commands, military headquarters down to the
\nmilitary officers posted in villages must be liquidated. If the
\nstate security bill is passed into law, it means the state is
\ncurrently in a normal situation. So, the commander must first
\nrestore the situation to normal. Consequently Law No.20\/1982 on
\nDefense and Security must first be changed. It is in this context
\nthat the commander's greatness hangs in the balance. If the
\ncommander is able to revert the situation to a normal one, he
\ndeserves a fifth star for outshining his predecessors.<\/p>\n
5. It is not right to discuss the state security bill now with
\nthe limited time and the necessity for deep thinking by all
\nsides. The best thing is to stop the discussions and let the next
\nHouse of Representatives consider the bill.<\/p>\n
PAUSTINUS SIBURIAN<\/p>\n
Jakarta<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/state-security-bill-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }