The restructuring of Indonesia's intelligence service network

The restructuring of Indonesia's intelligence service network

Aleksius Jemadu, Bandung

The preservation of democracy and the upkeep of national
security are two equally important challenges that Indonesia is
facing today. While many agree that this country needs special
legislation to regulate its intelligence services, there is
little discussion about concrete proposals on how to restructure
the current organization of intelligence services.

From the perspective of international cooperation on fighting
terrorism, Indonesia has been pressured by its neighbors not to
become the weakest link in the intelligence networks of
southeastern Asia.

The operation of Indonesian intelligence today is based on at
least two regulations made by the president.

First, Presidential Instruction No. 5/2002 on the assignment
of the Head of National Intelligence Agency (BIN) to coordinate
all intelligence activities and Presidential Decree No. 9/2004 on
the position, function, authority, organizational structure and
working procedures of all non-departmental agencies. Not only are
the two stipulations too simple and vague, there are no explicit
regulations regarding special powers of the intelligence service
whose implementation may lead to the violation of civil
liberties.

It is understandable that some civil society organizations
remain suspicious about the existence of an intelligence service
with a new mandate. However, we have to develop a new mindset
that the existence of an open democratic society and a
professional intelligence service can be made equally subject to
the same principle of the rule of law.

As a starting point, we need to learn from the best practices
in other democratic countries. In order to convince the skeptical
public we need to make a clear distinction between intelligence
services and law enforcement bodies. Such distinction implies
that intelligence officials should never be allowed to detain
people.

By law, only the police have the authority to arrest people if
there is enough evidence of criminal action. The task of the
intelligence services should be limited to the gathering of
information in order to make an accurate and timely assessment of
threats to national security. Based on such threat assessments,
the policymakers will take necessary action to prevent the
materialization of the threat.

On top of that, the citizens need a legal guarantee that the
exceptional powers that are often given to the intelligence
service will not be misused by the ruling power.

Another best practice that we need to apply in the
restructuring of the intelligence service is concerned with the
issue of coordination. Under the current regulation, the National
Intelligence Agency (BIN) finds it structurally difficult to
coordinate the gathering of information from various elements of
intelligence community in order to establish the imminence of a
threat. The restructuring of the U.S. intelligence services after
The Sept. 11 terrorist attacks can be used as an example from
which we may take lessons about the importance of a clearly
authorized coordinating agency.

Thus, based on the recommendation of the Sept. 11 Commission
Report, the U.S. government has created the office of the
National Intelligence Director whose function is to unify the
whole structure of the U.S. intelligence community for the sake
of an effective coordination and integrated policy
recommendation. The Director of National Intelligence who has now
greater political leverage than the Director of Central
Intelligence Agency (CIA), is directly responsible to the U.S.
President.

If indeed coordination among different elements of the
intelligence community is of supreme importance for Indonesia
today, some political analysts propose the establishment of the
National Intelligence Coordinating Agency (Lembaga Koordinasi
Intelijen Nasional or LKIN), which is parallel to the position of
the office of the director of national intelligence in the U.S.

The Head of LKIN is directly responsible to the president with
the main task of providing timely and accurate information on the
imminent threat to national security. He or she is expected to be
the analyst-in-chief for the government.

The establishment of LKIN reminds people of the State
Intelligence Coordination Agency (BAKIN) that was notorious for
its past abuses of civil liberties. This is a legitimate
complaint that the new intelligence bill should address.

The Indonesian Working Group on Intelligence Reform tries to
deal with this issue by proposing that LKIN is only responsible
for the coordination function. The operational function of
intelligence activities is divided into two separate
institutions.

First, we need to establish the (new) National Intelligence
Agency (BIN), which is responsible for domestic intelligence with
the main task of gathering and analyzing information related to
the imminent domestic threat to national security. For the sake
of ministerial oversight this agency can be put under the
Ministry of Home Affairs or the State Ministry of National
Security.

Second, the current Strategic Intelligence Agency (BAIS),
which is currently under the Indonesian Military (TNI) to be put
under the Ministry of Defense. The combat intelligence will
remain attached to the TNI structures.

Taking into account the important role of the intelligence
units that are so far attached to various agencies like the
police, attorney general, immigration and customs, it is proposed
that as members of the intelligence community, they too are
subject to the coordination conducted by LKIN.

Hopefully, with the restructuring of our intelligence service,
not only can we facilitate an effective coordination, but we can
also ensure that future intelligence operations will not go
beyond the mandate given by the national legislature on behalf of
the Indonesian people.

Aleksius Jemadu is the dean of the Department of International
Relations at Parahyangan Catholic University in Bandung, as well
as a member of the Indonesian Working Group for Intelligence
Reform. He can be reached at aleks@home.unpar.ac.id.