Agency calls for speedy debate of intelligence bill
Tiarma Siboro, The Jakarta Post, Jakarta
National Intelligence Agency (BIN) director A.M. Hendropriyono demanded on Thursday that the deliberation of the much-criticized bill on state intelligence be speeded up, saying the country urgently needed it to be passed into law so as to prevent terrorism.
Hendropriyono warned of possible legal problems in the future regarding the arresting of suspected terrorists in the absence of a proper legislative framework.
He said that Law No. 15/2003 on terrorism, which was now being revised, failed to give the intelligence agency clear powers to prevent acts of terror.
"I will ask the Ministry of Justice and Human Rights to immediately finish the drafting of the intelligence bill as the current lack of a legal basis for intelligence operations will create problems in the future," Hendropriyono said on the sidelines of the launching of a book on national defense published by the University of Indonesia.
He was referring to the widespread controversy over the recent arrests of a number of people by the police in connection with their alleged links to terrorism.
The antiterrorism law, Hendropriyono said, did not specifically provide for preventive measures against possible acts of terror, but focused more on the legal measures to be taken against those suspected of committing terrorist attacks.
The government suspended the drafting of the state intelligence bill early in March due to mounting opposition from various sides, including Vice President Hamzah Haz, who said the bill could lead to civil rights abuses.
The bill, now with the State Secretary, would provide BIN with greater powers, including the right to intervene in the work of the police.
Under the bill, BIN will be allowed to detain a person for 7 days for questioning without any right on the part of the detainee to be accompanied by a lawyer.
The detention period could be extended to up to 90 days, and in certain circumstances a person could be detained for up to 180 days.
The place of interrogation and detention would be determined solely by the BIN chief.
Another article in the draft bill authorizes the BIN director to procure firearms for intelligence operatives.
BIN had previously tried to have these controversial provisions inserted into Government Regulation in Lieu of Law No. 1/2002, which was issued following the Oct. 12, 2002, bomb attacks in Bali.
Hendropriyono played down the possibility of human rights abuses should the bill be enacted into law.
"The state intelligence law will regulate what we can and cannot do regarding the questioning, which does not mean arrest, of a person linked to terrorism," he said.