New spy bill sparks fears of rights violations
New spy bill sparks fears of rights violations
Tony Hotland, The Jakarta Post, Jakarta
With rights campaigners already protesting a bill on state
intelligence, more criticism is expected from lawmakers who worry
the bill gives the state too much power and could lead to rights
violations.
Crafted by the National Intelligence Agency (BIN), through the
Ministry of Defense, the draft focuses mainly on expanding the
powers of BIN.
The bill grants intelligence units the authority to arrest
people, based on "strong suspicion", thought to be involved in
activities that could threaten national security.
Outspoken lawmaker Djoko Susilo said the phrase "strong
suspicion" was open to interpretation and could lead to rights
violations.
"If the purpose is to collect information, an arrest is truly
not necessary. And why can people be held for as long as 30
days?" asked Djoko, a member of House of Representatives
Commission I for defense.
It was common during the authoritarian New Order regime of
Soeharto for the authorities to arrest people to silence dissent
criticism of government policies.
This often resulted in forced disappearances, which is why
activists are so opposed to giving intelligence bodies the power
to arrest people.
"Arresting people is the job of the police. The Indonesian
Military's intelligence unit, for example, cannot arrest people
because that is not the military's core task," said Djoko.
He said lawmakers on the defense commission also criticized
Article 23 of the draft, which gives the BIN chief the authority
to procure firearms directly from producers or agents domiciled
inside or outside the country.
"Does BIN really need to be armed? If this happens, BIN would
become a new armed force. This article should be eliminated," he
said.
The draft bill also gives the BIN chief the authority to ban
people suspected of posing a danger to national security from
entering the country. Djoko said this power would violate the
authority of the Ministry of Justice and Human Rights.
"If there is a specific need for BIN to play a role in this
issue, it should only be in the form of providing recommendations
to the justice ministry," he said.
Control over intelligence work, according to the draft bill,
would belong to a special committee whose members would be
selected from House Commission I members.
BIN also proposed the establishment of a "special branch" of
highly trained intelligence agents whose work would be secretive
in nature.
These agents would be divided into two categories -- fixed and
rotating agents, who would be posted in six territories.
These territories are Jakarta and Greater Jakarta; Banten,
West Java, Central Java and East Java; Sumatra; Maluku and Papua;
Bali and East and West Nusa Tenggara; Kalimantan and Sulawesi.
BIN says such a step is necessary giving the size of Indonesia
and its many borders, many of which are unguarded and at risk for
infiltration by terrorists.
While the bill is not a priority for the House this year, it
has been scheduled for enactment before 2009.