VP, activist oppose proposed bill on state intelligence
Fabiola Desy Unidjaja, The Jakarta Post, Jakarta
Vice President Hamzah Haz and human rights activist criticized on Tuesday a proposed bill on state intelligence, slated to be discussed by the government, saying that it was an affront to civil rights.
Hamzah said the National Intelligence Agency (BIN) should not have the authority that rightfully belongs to the police as law enforcers.
"The request for the authority to detain and arrest people encroaches on the task of the police force and would create legal uncertainty," Hizbut Thahir spokesman Muhammad Ismail Yusanto quoted Hamzah as saying during their meeting.
Yusanto also disclosed that the Vice President expressed concern that the bill would create further public controversy over a possible return to a more repressive regime.
Human rights activist Hendardi concurred saying that BIN should only have the authority to provide information, not to go further to arrest or detain people.
"This is like asking to legalize past repressive practices and for greater authority for the military community," Hendardi told The Jakarta Post on Tuesday.
At almost the same time the Indonesian Military submitted a controversial bill to regulate itself, BIN chief Lt. Gen. (ret) Hendropriyono presented a bill on state intelligence to the Office of the State Secretary.
The two bills would be further discussed with President Megawati Soekarnoputri and would be examined by the Ministry of Justice and Human Rights before they could be submitted to the House of Representatives (DPR) for deliberation.
The process could take months, and with the current intensive preparations for the 2004 election, it is unlikely that the bills will be deliberated by the current administration.
Analysts have warned that the two bills, which clearly ask for wider authority for both institutions, symbolized the intention of the military community to grab power from civilian leaders.
Under the state intelligence bill, BIN is allowed to detain people for seven x 24 hours for questioning without being accompanied by a lawyer.
The detention could be prolonged for up to 90 days, and for further investigation it could be extended up to three times the 90-day period.
The place and reason for such practices would be determined solely by the BIN chief.
Another article in the draft bill also authorizes the BIN chief to provide firearms for its intelligence community, outside TNI and police procedures.
Similar practices are also applied in Malaysia and Singapore with their Internal Security Acts, which legalize people's detention for up to one-year without solid evidence.
BIN had tried to insert these articles in government regulation in lieu of law No. 1/2002, which was issued to deal with terrorism following the Oct. 12 Bali bombing.
Such regulations have caused anxiety among the Muslim community as most of arrested terror suspects were connected to radical Muslim groups.