A Polemic Related With BIN’s Additional Authority

A Polemic Related With BIN’s Additional Authority

Academia, an intelligence observer and prominent figure are assessed that Law Number 15 Year 2003 on Eradication of terrorism is not directly proportional to the escalation of acts and the terrorist network that happens, after the terrorist attack at Plaza Sarinah Thamrin road Jakarta, police from Special Detachment of 88 has made arrests in a number of areas associated with the event. In the arrests were made in various areas both in Java, Kalimantan and Bima NTB, officials also seized ammunition and firearms.

Generally, those arrested have links to Bahrun Naim, an Indonesian citizen who had joined ISIS in Syria since 2012. Given the current terrorism laws still limit the space for the security forces, the Government agreed to strengthen the rule against terrorism as a step dampen the creativity of terrorism. The government feels what is the current relative is good enough, but because of the development of extremism and radicalism of the world then the rules overhaul is needed and the moment of the attack at Plaza Sarinah also serve as the beginning of such change.

There are three options in the strengthening of the anti-terrorism rules, namely to revise Law No. 15 of 2003 on Combating Criminal Acts of Terrorism, issued Government Regulation in Lieu of Law or publish the new law. Asses of the above options, the government and the council agreed to revise Law Number 15 of 2003, and not issued Government Regulation in Lieu of Law for several reasons. Will happen if regulation has hotly debated because there is no crunch that forced and if the regulation has rejected the House then immediately cancel all, while if the revision is still room for dialogue with Parliament.

Some of the points proposed to be revised, revocation of citizenship and a passport to a citizen who had attended terrorism training, additional period of detention during the investigation or the investigation as well as approval of evidence related to terrorism which was originally to be given the chairman of the district court be by superiors.

Whilst being debated when the chief of the State Intelligence Agency (BIN), Sutiyoso is requested that the revision also included additional authority to his office could call a suspected terrorist, separatist and radical examined to obtain additional information. “Brother Yos” is requested that additional the authority of BIN was able to catch terrorists, but the proposal was immediately rejected the various agencies concerned on the issue of human rights, tolerance and democracy values. They are concerned with the authority additional could be damaged the democratic process has been growing in Indonesia, including in law enforcement. They also assessed the authority was violating the civil rights related efforts to impede the rights of prisoners to receive visit from lawyers, family members and other third parties that have an interest. KontraS also highlights the potential for black interrogation practices by BIN because the agency always keep the whole effort, employment, activities, objectives and information relating to the functions and activities of its intelligence.

Whereas the government seems to have occurred misperceptions between Politic, Security and Law Coordinator Ministry and the Ministry of Law and Human Rights, the Parliament and several NGOs, was the head of BIN is not request the authority to arrest such as the police. Meanwhile on the other hand the public judge the momentum of the anti-terrorism law revision is actually only used to reinforce the functions of coordination among government institutions. Public viewing in the implementation of counter-terrorism over the years, each institution walk on their own and even showed miss coordination whereas all institutions have to eliminate sectoral ego respectively.

Additional requests granted such authority seems to be difficult given the government a joint working meeting with the Commission for the Defense and Law Commission on counter-terrorism, the additional authority was not at all discussed. The government does not put any additional authority BIN in the draft revision of the Terrorism Act and are less likely it is given. But should request additional authority to BIN must be discussed by a special committee that will be formed Commission I and Commission III.

Additional authority it will be discussed in advance between the Commission I of the DPR with BIN so that there are clear limits so that later no potential for the abuse of authority adan entry into the pro-Yusticia, so as not to collide with the police.

Need to be discussed in detail about the corridors of authority BIN so that it will prevent abuse of authority or clashing with other institutions. The authority to summon and examine suspected terrorists is needed to bolster the performance of intelligence, besides additional powers that will be owned BIN different than a police action.

MASDARSADA*) Masdarsada is a national mass media news observer and an observer national security issues. Residing in Ambon, Maluku.


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