Key changes made to controversial security bill

Key changes made to controversial security bill

JAKARTA (JP): The House of Representatives has made
substantial amendments to the controversial bill on state
security, including a stipulation which allows the existing laws
to stand and human rights to be taken into account.

Agus Muhyidin, chairman of the House working committee which
is deliberating the government-sponsored bill, said on Wednesday
the only changes resulting from a declaration of a state of
emergency would concern the new authorities.

"The law will continue to prevail, and all regulations made by
the new authorities must not violate human rights, despite the
emergency status," Agus told The Jakarta Post.

According to the previous draft, the military, which would
take over the administration after an emergency status was
declared, had full authority to take any measures over violations
of the law, and could even impose a news blackout.

The bill has met opposition from many quarters since it was
submitted in May to the House by the Ministry of Defense and
Security. Several students and prodemocracy activists were
arrested on Wednesday when they staged rallies against the bill.

Agus, a retired Army general, said the bill drew a wave of
protests only because demonstrators were unaware of the
substantial changes made to the bill.

According to the bill, the President is allowed to declare an
extraordinary state, a state of emergency, or a state of war in a
province or nationwide only after consulting or obtaining
approval from the House of Representatives.

"This means the President or the Indonesian Military (TNI)
commander would not be allowed to declare a state of emergency
unilaterally, as mentioned in the previous bill," Agus said.

He said in an extraordinary state or a civilian emergency, a
governor would have the authority to isolate individuals and
close a troubled area until law and order was restored.

The revised bill states that in handling a civilian emergency,
a governor would be aided by a special team comprising provincial
police and military forces, provincial prosecutors, provincial
legislative council and societal group representatives.

Agus said in the case of a state of emergency, the
administration would be taken over by the military, and the
military administration would be assisted by a special team. The
team would be comprised of the governor, provincial police,
government prosecutors, provincial legislature and societal group
representatives.

"The military administration would be allowed to carry out
investigations and operations, recruit individuals for military
duty, and regulate land, air and sea transportation in an attempt
to restore law and order," he said.

Agus said the bill, slated to be passed into law on Sept. 23,
also said that a civilian emergency would be imposed for three
months only, while a state of emergency would be imposed for six
months at the longest, and extended only after approval from the
legislative body.

Agus said the House would remain open for any input and
constructive criticism. He said the House would take all
submissions into consideration in order to make necessary
corrections to the bill before it was passed into law.

Observers have warned that the bill grants excessive power to
the military and the government, running counter to principles of
democracy and reform. Concerns have been aired about the timing
of the bill, because it was submitted to the House just before
the upcoming General Session of the People's Consultative
Assembly.

Minister of Defense/Indonesian Military chief Gen. Wiranto
denied the accusations, arguing that such a law was commonplace
in many other countries, including a democratic country such as
the United States. (rms)