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)