Markus Junianto Sihaloho & Ulma Haryanto – Legislators are expected to approve a government proposal to give the National Intelligence Agency the right to wiretap without court permission, but say no to the agency being given the authority to arrest suspected terrorists.

Democratic Party legislator Salim Mengga, a member of House of Representatives Commission I overseeing defense and information, said his party supported the idea of giving the agency, also known as the BIN, the power to eavesdrop without obtaining a warrant.

"We think that BIN requires the authority," Salim said. He said, however, that such authority would be prone to political manipulation for the interests of the ruling government and that his party would only approve the proposal if the intelligence bill also mandated the establishment of an oversight agency for intelligence operations.

"We must have a special board to supervise the activities of the agency, one that can push the agency to be responsible for its activities," he said.

However, Salim said his party was opposed to BIN having the right to arrest suspects. "It will be prone to human rights violations and be contrary to the principles of democracy and freedom," he said.

While other factions belonging to the ruling coalition aired similar views, the opposition Indonesian Democratic Party of Struggle (PDI-P) said it would like to see a more effective integration of the country's intelligence community.

"We have many intelligence units, and it's time that they were all well organized, both in terms of their structure and job coordination," said Tjahjo Kumolo, the secretary general of PDI-P and a member of Commission I. "It's clear to us that the arrest of suspects should only be carried out by police officials," he said.

Analyst Moufti Makarim said the House should be commended for not giving BIN the right to make arrests. "The intelligence agency is the eyes and the ears of the government, it should not become the hand or foot, which could be used to hit," Moufti said. "The hitters are the police or the military. If the intelligence agency were given the right to arrest, then we would return to the practices of the New Order regime."

Separately, Papang Hidayat, the head researcher for the Commission for Missing Persons and Victims of Violence (Kontras), said there were several points in the draft law that were susceptible to violations of human rights.

Aside from the lack of description of proposed supervisory body, Papang said there was no clarity on the procedures prior to wiretapping or measures to protect victims. "The law should provide a mechanism allowing victims of violations by agents to report and to receive justice, to clarify the real facts, and determine any material compensation caused by an agent, if any," he said.