House passes bills on security, defense and police
House passes bills on security, defense and police
JAKARTA (JP): The House of Representatives passed yesterday
four security and defense-related bills which included the widely
criticized police bill.
In a House plenary session presided over by Deputy Speaker
Soetedjo, all four factions unanimously approved the bills,
saying that they were part of efforts to renew laws inherited
from the colonial era.
Alongside the police bill, the House endorsed the military
tribunal, military discipline and mobilization bills.
With the passage of yesterday's bills, the House is now two
steps shy of fulfilling its target of endorsing 72 bills by the
end of its term on Sept. 30.
The two remaining bills -- the manpower bill and the amendment
to the broadcasting bill -- are expected to pass on Thursday and
next week respectively.
Minister of Defense and Security Gen. Edi Sudrajat, Armed
Forces Chief Gen. Feisal Tanjung and Police Chief Gen. Dibyo
Widodo were present at yesterday's session.
Edi said the government would soon introduce more bills on
security -- one on training civilians and another on
the use of natural resources and facilities for national defense
and security -- to the House.
A statement by the United Development Party (PPP), read by
House member Chozin Chumaidy, suggested that the government draw
up a national security act to replace the subversion law.
Each of the four factions claimed to inspire substantial
changes over the defense and security-related bills during their
deliberations which started in December last year.
Dalam Sinuraya who represents the Armed Forces claimed that
the House dropped articles on a special military tribunal, thanks
to the faction's advice.
The faction said the special military tribunal law passed in
1963 remained adequate to handle cases which endangered the state
such as in 1966 when 17 military officers were tried in
connection with the abortive coup by the Indonesian Communist
Party.
Dalam said his faction contributed to the inclusion of a new
article in the mobilization bill that exempts civilians'
belongings from taxes if they are used during a national
mobilization.
Police bill
The House hailed the government for agreeing to its suggestion
to drop articles that would allow police to use force and arms,
unless used for self-defense. Another article allowing police to
disperse mass gatherings was also deleted from the final bill.
P. Gunardo of the Golkar faction left out the two articles
because they were already covered under the Criminal Code and
Criminal Code Procedures.
"The bill does not provide police with excessive power because
it is in line with existing laws," he said.
According to the bill, police have the authority to issue
permits and watch over public gatherings, but cannot disperse
them.
But police, when necessary, are allowed to take measures
"based on their own considerations" in accordance with laws and
the police code of ethics.
Even though the police bill showed some significant
improvement, many have criticized it for being ambiguous.
Lawyers Bambang Widjojanto, Djauhan Djauhari and Mulyana W.
Kusumah shared their criticisms yesterday at a discussion of the
bill.
Djauhan, secretary-general of the Indonesian Bar Association,
said there was redundancy in the bill in the police's right to
arrest, detain and search individuals since it was already
stipulated in the Criminal Code Procedures.
Djauhan also said the bill contained unclear terms, especially
the article stipulating that police could receive support from a
special apparatus and autonomous civilian security bodies.
"Are autonomous security bodies equivalent to gangs or
bodyguards who are sometimes hired by discotheques or shops?"
Djauhan quipped.
While acknowledging some improvement, Mulyana said the bill
legitimized the use of excessive police force by giving them 36
different kinds of authority.
Meanwhile Bambang, chairman of the Indonesian Legal Aid
Foundation, said that the bill only improved in terms of
semantics rather than substance. (05/amd)