Ary Hermawan, Jakarta – The government should postpone reviving grassroots spy networks in the regions to fight terrorism, pending the passage of the intelligence bill, human rights activists said Wednesday.
Activists said the absence of a law would make the planned network "problematic" as it could lead to human rights abuses like those during the oppressive Soeharto era.
"The planned establishment of the agency is very much related to the deliberation of the intelligence bill," rights watchdog Imparsial director Rachland Nashsidik told The Jakarta Post.
"If the bill strictly rules that the military and intelligence agencies have no authority to make arrests or conduct wiretapping that would lead to civil rights violations, the existence of such a body will be no problem," he added.
The new Regional Intelligence Community (Kominda) is set to coordinate the work of local intelligence units, including branches of the National Intelligence Agency (BIN), the National Police, prosecutor's offices and the military, Home Affairs Minister M. Ma'ruf said Tuesday.
Trying to defuse criticism of the body, Ma'ruf said Kominda would not spy on citizens and would not have the power to arrest or detain anyone.
Rachland said Kominda could help in the government's fight against terror because it could gather crucial information about dangerous groups. "(But) is problematic to set up such a body now because the powers of intelligence officers are vague," he said.
The country does not yet have any specific law on intelligence agencies, which have all been established through presidential decrees or government regulations.
Ma'ruf has said the Kominda's existence was based on a 2003 ministerial decree on community networks. However, in September the government submitted the new intelligence bill to the House of Representatives to control spy agencies.
"Therefore, it is very crucial for civil organizations to participate in the bill's deliberation process to make sure that the law will modernize the intelligence agencies and give clear guidelines on things they can and cannot do," Rachland said.
Prof. Vitit Muntarbhorn, a member of the International Commission of Jurists panel assessing the effect of counter-terrorism policies on civil liberties, said intelligence services could hamper democracy and civil liberties if their authorities were extended.
He stressed the police and the judiciary should be the main agencies involved in investigating and questioning terror suspects because they were part of the common law. "This should not be an area where intelligence agencies and personnel should be involved," he said.
"Globally, we are noticing that more and more intelligence agencies are extending their powers or having their powers extended into the judicial field," Muntarbhorn said.
Another member of the jurists panel, Raul Zaffaroni, said intelligence services were needed in the fight against terrorism but they should do more than just collect information.
"We need a good intelligence service. Collecting information is easy. The main task of the intelligence is to process and analyze collected information, to tell what is true and useful and what is not," he said. Intelligence agents shouldn't be making arrests, as this was the role of police, Raul said.