Ridwan Max Sijabat, Jakarta – Analysts have warned that the controversial bill on national security in its present form, once endorsed, could be used to justify human rights abuses and impede the growth of the country's fledgling democracy.
Johan O. Silalahi, a military analyst from the University of Indonesia, said that the House of Representatives and the government needed to come up with a new draft of the bill as the existing draft was rife with loopholes that could lead to abuses of power.
"We need a bill on national security, but in the existing draft we can still find controversial provisions on the definition of security threats, arrest and wiretapping that could be misinterpreted by the ruling regime to maintain the status quo," he said in a discussion on Monday.
Civil society groups have rejected the bill, accusing the government of trying to pave a return for the Indonesian Military (TNI) to meddle in civilian affairs.
Among the controversial sections of the bill is an article that would give the National Security Council overwhelming power to determine national security threats posed by activities, meetings or the media.
Article 54 of the bill would also give the authority to investigate such threats to the Indonesian Military and the National Intelligence Agency (BIN).
The National Commission for Missing Persons and Victims of Violence (Kontras) and human rights watchdog the Setara Institute are two of the most vocal opponents of the bill. The two organizations have said that the bill would not only undermine democracy, but also bring back militarism.
The House has twice returned the draft bill to the government after finding some of the provisions to be controversial.
Agun Gunanjar, a Golkar Party lawmaker, however, said his faction would defend the bill. He said that the bill was necessary to maintain the country's unity against the onslaught from liberalism, capitalism, hedonism and terrorism.
"The bill is badly needed to maintain the role of the military in the area of defense and security that will in turn contribute to defending the country's territorial integrity," he said.
Agun said that his faction was ready to cooperate with others in making necessary changes to the bill. Other lawmakers have said that they would likely drop deliberation of the controversial national security bill, claiming it could lead to human rights violations.
Leader of the Indonesian Democratic Party of Struggle (PDI-P) faction at the House Puan Maharani said her faction had stood against the bill since the early stages of its deliberation.
Puan said that the bill could have the potential to suppress political parties, civil society groups and individuals who could be considered as threats to national security.
"We have also reminded other factions about the bill's contentious provision on security threats, arrest and wiretapping that could be abused by the ruling regime to intimidate parties, civil society groups and government critics," she said.
Other political factions including the United Development Party (PPP), National Mandate Party (PAN) have rejected the bill.
The chairman of Golkar's board of patrons Akbar Tanjung said that a national security bill could be passed only if it safeguard democracy and freedom of expression.
"The Constitution is the mother of all laws. If the bill contradicts the Constitution we can bring it to the Constitutional Court for a review. The current political system is not founded on the security approach but on freedom and responsibility," Akbar said.