Legal debate heats up on issue of state of emergency
Legal debate heats up on issue of state of emergency
JAKARTA (JP): The state of civil emergency in Maluku declared
on Monday came in the wake of a row within the government about
which law to invoke.
The government was faced with an outdated 1959 legislation or
a controversial 1999 law which was approved by the House of
Representatives, but not signed by the President.
The government settled on the 1959 State of Emergency Law
although House Speaker Akbar Tandjung personally recommended the
1999 legislation.
Under the 1959 law, a state of civil emergency is the mildest
form which the head of state can declare. It comes before a state
of military emergency, which is equal to martial law and a state
of war.
The rarely used 1959 law was last invoked on Sept. 7 by then
president B.J. Habibie to deal with the outbreak of violence in
East Timor one week after the UN-sponsored self-determination
vote. Habibie, under pressure from the military, then declared a
state of military emergency.
The 1959 law entails, among other things:
1. The president/supreme commander of the war forces has the
power to declare a state of civil emergency as well as its end.
The president/supreme commander of the war forces heads the Civil
Emergency Authority.
2. The president is assisted by the first minister, minister
of security and defense, minister of home affairs and regional
autonomy, minister of foreign affairs, the chief of staff of the
Army, the Navy, the Air Force and the National Police chief.
3. The president appoints the heads of the local
administration to head the Regional Civil Emergency Authorities.
4. The Civil Emergency Authority can:
* suspend laws and enact new regulations.
* restrict activities of performances, printing, publication,
public announcements, the dissemination, storing, sale and
display of writings in all forms, paintings, film negatives and
pictures.
* order police or investigators to enter and inspect places.
* investigate and confiscate goods believed to have been used
or have the potential of being used to disrupt security, and to
restrict or ban their use.
* have access to all news and conversations conducted through
telephone, radio and to ban their dispatch through these media.
* restrict or ban the use of codes, secret codes, secret
script, shorthand, pictures, symbols and the use of other
languages other than Indonesian.
* regulate or ban the use of telecommunications facilities,
such as telephone, telegraph, radio broadcast and other media
which are wide-reaching, and to seize and destroy the equipment.
* regulate public meetings, rallies and marches.
* regulate or ban the use of buildings, houses and fields.
* ban people from leaving their homes.
* conduct body checks on suspected people.
The 1999 State Safety and Security Law recognizes a state of
military emergency and a state of war. It was deemed
controversial because it was drafted and pushed by the military,
then headed by Gen. Wiranto. It was approved by the House in
September last year in spite of massive public opposition.
The law entails, among other things:
1. The president can declare the start and end of a state of
emergency upon the advice and opinion of the Council for State
Security and Defense and the Council for the Upholding of the
Security and Legal System.
2. The president heads the Military Emergency Authority and is
assisted by the chief of the Indonesian Military and related
ministers. The president appoints the head of the Regional
Military Emergency Authority.
3. The Military Emergency Authority can:
* ban individuals from entering or leaving particular areas
* place individuals outside their place of residence
* restrict or close areas
* bar people from leaving their homes
* question, summon and investigate people
* conduct searches and seizures
* take over and control postal, telecommunications and
electronic facilities
* ban or restrict public speeches and other forms of meetings
* take action to establish public order and peace
* take action against fire arms, ammunition, explosives and
sharp weapons
* ban performances and dissemination of news through print and
electronic media
* order individuals to work for the interest of defense and
security
* regulate, restrict or ban land, air and water traffic. (emb)