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.