Gen. Wiranto defends state security bill

JAKARTA (JP): Minister of Defense Gen. Wiranto deflected accusations on Monday that his office was seeking to grant excessive power to the government and the Indonesian Military when it drafted the controversial bill on state security now under deliberation in the House of Representatives.

Wiranto, who is also the Indonesian Military (TNI) chief, said in a plenary session on the bill regarding state security and civilian militia that there was never any such ill intention.

"When the bill (on state security) was drafted, there was never any intention to grant excessive power to the government or (help the government) maintain its power, or to seek military dominance," Wiranto said as quoted by Antara in the session which was presided over by deputy House speaker Lt. Gen. Hari Sabarno.

Wiranto argued that state security acts are also common in many other countries including the United States, Malaysia, Singapore, the Philippines, Pakistan, Japan and China.

He cited the Dutch colonial legacy of an ordinance on state emergency, known as Regeling op de Staat van Orloog en van Beleg, as well as similar acts including Law No. 6/1959, Law No. 74/1957 and Law No. 23/1959 on a state of emergency, which he said are no longer suitable under the current legal situation.

"Which is why these laws need to be replaced, but the very substance of the matter is still very much relevant for the drafting of this particular bill," he said.

The House members had blasted the defense ministry because the bill failed to stipulate that the government had to consult the House before declaring a state of emergency. In his response on Monday, Wiranto said: "The government can understand this input...but chapter 12 of the 1945 Constitution stipulates that the president could declare such a state without consulting the House."

Wiranto urged the House and the public alike to study the principles of emergency laws, especially the emergency constitutional law, before concluding that the bill was repressive and against democratization.

He recounted a piece of American history when President Abraham Lincoln declared a state of emergency during a civil war bypassing the constitutional procedures in order to restore national unity.

He said it meant "the highest interest of the state is its very existence, salus publica suprema lex, which is why the stipulation on state of emergency is really needed."

"However, we should improve the supervision management to effectively control those who are in power, in carrying out their duty," Wiranto added.

Observers have blasted the government for the bill on state security which they said was against the principles of human rights. On Friday, a number of media leaders conveyed their objection to the bill directly to Wiranto in a meeting at the ministry of information.

Leo Batubara, the secretary-general of the Association of Newspaper Publishers (SPS), said the bill would turn Indonesia into a fascist, militaristic and totalitarian country which was justified in using violence against its own people, including being able to gag the press.

The media representatives also called on the public to join them in their rejection of several chapters of the bill which seeks to stipulate a media gag.

The bill stipulates presidential authority to declare a state of emergency in troubled territories. The President is also allowed to delegate his or her authority to the military, which would then be given free rein to handle threats to state security.

It allows the military to carry out investigations and raids, and take over all mail, telecommunications and electronic facilities. An emergency also allows a ban or limitation on demonstrations and print and electronic media.

In the event of a state of emergency, the bill says the military chief would be permitted to resort to any measures, such as barring demonstrations, which violate existing laws.

The military would have full authority to prevent individuals from entering or leaving the country, isolate "troubled individuals and areas" and set curfews. (swe)