House to deliberate state security bill

JAKARTA (JP): The House of Representatives (DPR) agreed on Thursday to deliberate the widely criticized bills on state security and on a civilian militia, despite public calls that it drop the Ministry of Defense-sponsored documents.

Spokespersons of the four factions of the House, however, qualified their agreement with criticism that the documents sought to grant the administration excessive power. They said the House would be relegated to a position where it would not have any power at all in determining the necessity for a state of emergency or the imposition of martial law.

The decision to deliberate the bills was made at a plenary session led by deputy chairman Hari Sabarno, and was attended by Minister of Defense and Security/Indonesian Military (TNI) chief Gen. Wiranto.

Lydia Arlini Riandji of the ruling Golkar said an agreement should be reached over what constitutes "the security of the state" in order to prevent one party from imposing its own definition on the matter.

"Everyone would object if the bill revives ... military domination," Lydia said as quoted by Antara.

"Military domination or an authoritarian power system would harm the rights of civilians, and cause people to lose their sovereignty," she said. "We need to be extra cautious, careful and diligent in reading the documents.

"The security and safety of the state must always be protected, but without oppressing the civilian rights of the people," she added.

The other spokespersons were Taufiqurachman Ruki of the military faction, Muamal Hamidy of the United Development Party (PPP), and Y.B. Wiyandjono of the Indonesian Democratic Party (PDI).

Wiyandjono queried chapters 15 and 18 of the bill on state security which would authorize the President to declare a state of emergency, following consultation with the National Defense Council and the Council for the Enforcement of Security and Law.

"Wouldn't the President need to consult the House first?" Wiyandjono said.

Muamal called for clarification of the term "provocation in all forms that aim to disturb the security and safety of the state".

He also warned of the potential of the military or emergency authorities to abuse the nonderogable rights of civilians when they sought to declare martial law.

Muamal also said there was a possibility the bill could trample on human rights.

Taufiqurachman of the military faction, however, said that if adopted, the law on state security would rarely be called on. "It can also be called a dormant law," he said.

"We should all hope and pray that the law would never be used by the President in declaring a state of emergency."

Observers have warned the bill on state security grants excessive power to the military and the government in the event of perceived threats to the state. Parliament Watch Indonesia, for instance, said the bill ran counter to principles of democracy and reform.

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 is 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 violates 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)