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)