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The government was faced with an outdated 1959 legislation or a controversial 1999 law which was approved by the House of Representatives, but not signed by the President.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)