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Government, House agree to sign intelligence bill

Source
Jakarta Post - September 30, 2011

Ridwan Max Sijabat, Jakarta – The National Intelligence Agency (BIN) and all factions at the working committee have resolved all contentious issues in the intelligence bill and agreed to finalize it for endorsement in the immediate future.

BIN Chief Sutanto, representing the government, said he appreciated the significant progress that the government and the House had made in the bill's deliberation over the past two weeks.

"We hope the bill will not face strong resistance from the public after we [the government and the working committee] resolve all contentious chapters in the bill. The bill will direct BIN to perform its co-tasks professionally, while the public will no longer be afraid of human rights abuses in its enforcement as has happened in the past," he said in his remarks on the conclusion of the bill's deliberation on Thursday.

Deputy chairman of house Commission I on defense, foreign affairs, information, Tubagus Hasanuddin, expressed his high appreciation to the government and other factions for the democratic nature of the bill, saying that the government and factions from the ruling parties had agreed to make significant changes to make the bill more humane and conducive for a better democracy.

He said BIN and factions from the ruling parties had agreed to reform BIN by limiting its authority in bugging, to make it professional and respectful of human rights and democracy in carrying out its intelligence tasks.

"BIN and other institutions with an intelligence function can no longer abuse their power to serve the ruling regime and conduct arrests arbitrarily as has happened so far," he said.

The government and all factions finally agreed to give the authority of bugging, checking on financial transactions and seeking further information from targets linked with terrorism, secessionism, sabotage, spying and other activities threatening national security and the country's sovereignty.

Interception must be supported by adequate initial evidence and requires approval from district courts. In checking on financial flows, BIN will receive data from the Financial Transactions and Reports Analysis Center (PPATK) and Bank Indonesia and all banking institutions are obliged to provide necessary information to BIN.

Intelligence agents are also allowed to cooperate with the police in seeking further information during the targets' interrogations. They will work in compliance with the code of ethics, and the bill carries harsh sanctions for those who abuse their power.

The bill also mandates the making of two special laws on interception and state secrets. It also mandates a presidential decision on the appointment of the BIN chief and a presidential regulation on BIN's coordinating function.

Agus Gumiwang, chairman of the working committee, said all factions of the ruling parties, including Golkar, would receive the bill following the major changes.

"Like the government, all factions in the information and defense commission agree to hand over the bill to the House's consultative committee to be brought to the next House plenary session for its endorsement," he said.

The Commission for Missing Persons and Victims of Violence (Kontras) warned that the bill could criminalise anyone and any institution who leaked or publicized intelligence information to the public.

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