Gen. Wiranto defends state security bill

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)