IBRAHIM ISAS – FOCUS
"DEMOCRACY" AND MILITARY INTELLIGENCE
March 29th, 2011
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WHOSE INTEREST TO SERVE
ACTIVISTS OPPOSING ONE-WEEK 'INTENSIVE QUESTIONING' IN ITELLLIGENCEBILL
OPPOSTION TO PLAN TO REVIVE TNI TERRITORIAL COMMAND
INDONESIA'S TAINTED DEMOCRACY CALLS FOR CHANGES
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WHOSE INTEREST TO SERVE?
The Jakarta Post Editorial: , Jakarta | Tue, 03/29/2011
As our intelligence community is struggling hard to improve itself and
provide early and accurate information to the country's top decision
makers in the wake of several incidents of mob violence nationwide and a
series of bomb attacks in Jakarta, a severe tug-of-war is occurring at
the House of Representatives on the scope of the authority that the
nation's intelligence agencies should have.
Providing intelligence agencies with a legal umbrella is undoubtedly
necessary to ensure that they act within the Constitution and the limits
of the law.
The problem is that some articles in the government-drafted intelligence
bill currently under deliberation at the House are counter to
universally recognized human rights principles, such as the presumption
of innocence and equality before the law.
People's traumatic experiences with the nation's intelligence agencies
during Soeharto's rule are still vividly remembered by many Indonesians.
It is understandable that many are still reluctant to give more power to
our intelligence bodies.
One key article of the intelligence bill has the potential to ignore
human rights and basic legal principles: Granting intelligence agencies
authority to intercept private communications, including those on social
media such as Facebook and Twitter, in the name of security.
We are of the opinion that granting spy agencies eavesdropping authority
— for whatever reason — would violate basic human rights that have only
a tentative foothold in Indonesia, such as the freedom of speech and the
freedom of opinion.
The article that would authorize intelligence agencies to monitor
private communications in Indonesia mirrors the scope of the greatly
criticized Patriot Act, which was approved by the US Congress and
enacted by US president George W. Bush in 2002 in the wake of the 9/11
terrorist attacks.
We oppose that article and believe that intelligence agencies should be
allowed to monitor private communications only after securing court
approval — a common legal practice in many parts of the world.
Also controversial are proposed articles authorizing intelligence
agencies to arrest and questioning suspects for up to seven days. Again,
such actions should only be authorized by a court and intelligence
agencies must have sufficient evidence prior to detaining suspects.
Failure to secure court approval or obtain evidence runs counter to the
principles of presumption of innocence and equality before the law that
assure the fair treatment of all Indonesian people, including suspected
criminals and terrorists.
Another article that has failed to attract the attention of House
lawmakers relates to the organization of the nation's intelligence
community. The article would establish the State Intelligence
Coordinating Agency (LKIN), a non-ministerial government body that would
directly report to the President.
*
In our experience, placing the chief of the nation's top intelligence
institution under the direct supervision of the President will lead to
abuse in Indonesia. The intelligence community might wind up working for
the interests of the president instead of the state.*
Deliberation on the bill is underway. There is still ample of time for
the country's lawmakers to carefully and thoroughly study the proposed
articles and make necessary adjustments and revisions to make it more
legally and constitutionally compliant.
No one can deny that the state needs strong and effective intelligence
agencies. But no one can deny that all intelligence activities should be
done in accordance with the laws. Sadly, poor and corrupt law
enforcement is one of the most dangerous problems in this country.
ACTIVISTS OPPOSING ONE-WEEK 'INTENSIVRE QUESTIONING' IN ITELLLIGENCE
BILL
The Jakarta Post | Sun, 03/27/2011
Activists on Sunday voiced their opposition to a number of articles in
the draft intelligence bill, including one that enables intelligence
officers to conduct seven days of "intensive questioning".
Usman Hamid from the Commission for Missing Persons and Victims of
Violence (Kontras) said the article allows for a dangerous amount of
authority allotted to intelligence personnel.
"That will just repeat the practices of the New Order," Usman said, as
quoted by tempointeraktif.com. Usman was referring to the many alleged
arrests that violated human rights during Soeharto's rule over the
country, which ended in 1998.
Confinement for a week for no reason without access to lawyers is a
violation of human rights, Usman said. Activists demanded the government
postpone its aim to pass the bill by July. Legislators are at odds
regarding the "intensive questioning" authority in the draft bill.
The Democratic Party's Hayono Isman said intelligence officers should be
given special authority to arrest for prevention's sake, while Tubagus
Hasanuddin rejected the idea. Tubagas said the government wanted
officers to arrest people secretly without any official orders.
"People taken to a secret place, that's just the same as kidnapping,"
Tubagus said. Another article in the intelligence bill drawing criticism
is the proposed authority to wiretap.
* * *
*< An opinion of July 2005. But still relevant for reading>*
*OPPOSTION TO PLAN TO REVIVE TNI TERRITORIAL COMMAND*
The Jakarta Post, Jakarta | Fri, 10/07/2005
*Tb. Arie Rukmantara*, The Jakarta Post, Jakarta
The Indonesian Military's (TNI) plan to reactivate its territorial
command drew strong criticism from the country's top politicians on
Thursday as they claimed the move would pave the way for the military's
involvement in politics.
""Reviving the territorial command is the wrong medicine for the disease
we are dealing with. The move is only a tool to revive militarism. We
should oppose that kind of intention as early as possible,"" said former
president Abdurrahman ""Gus Dur"" Wahid on Thursday in a press
conference held at headquarters of the country's largest Islamic
organization Nahdlatul Ulama (NU) in Jakarta.
TNI chief Gen. Endriartono Sutarto said on Wednesday that he would take
the necessary measures to crack down on terrorist attacks in the country
by reactivating the military's territorial command. He announced the
plan after President Susilo Bambang Yudhoyono, speaking at the 60th
anniversary of the TNI, urged the military to take an active role in the
fight against terrorism following the recent bomb blasts in Bali, which
killed 22 people.
The territorial function covers the regional level, handled by the
Regional Military Command (Kodam) to the village level, handled by
non-commissioned officers assigned to villages and subdistricts.
Gus Dur said he doubted that the move would be an effective means to
stop terrorists from taking action in the country.
""Who can guarantee that reviving it will make the country any safer? I
don't think so. What is certain is that it will bring the country back
to an authoritarian state,"" he said, adding that the military should
only focus on defense issues and let internal security issues be handled
by the police.
Speaking along the same lines, Speaker of the People's Consultative
Assembly (MPR) Hidayat Nur Wahid said the move was inappropriate because
the military should only support the National Police and National
Intelligence Agency (BIN) in fighting terrorism, not take over the job.
""The function of the police and BIN should first be maximized.
Therefore, I question the purpose of reviving the territorial command.
If the military wants to support the National Police, then support its
intelligence system,"" he said.
He feared that the plan would create conflict between the military and
police officers as well as BIN's intelligence officers in the field.
""I'm afraid there could be a conflict over who has the authority to
take important decisions. As we have seen, conflicts often happen
between police and military officers because of the blurred division of
authority,"" he said.
*A political observer from the Centre for Strategic and International
Studies, J. Kristiadi, said that the move was a violation of Law No.
34/2004 on the military, which stipulates that the TNI territorial
function shall be eliminated within five years after the law is issued. *
*""Reviving the territorial command is against the law,"" he said,
adding that the military should only be involved in security matters if
the police ask for their help. *
Meanwhile, former deputy chief of staff of the Army Lt. Gen. Kiki
Syahnakrie said that the only short term solution to fighting terrorism
was by reviving the territorial command of the TNI.
He cited that one of the successes of the territorial command's function
was the immediate solving of the Borobudur temple bombing case in 1985.
""Why was it safer during the New Order government? Because at that
time, the territorial function was stronger and was supported by the
anti-subversion law, which was revoked at the beginning of the reform
era,"" he told /Antara/. * * *
*INDONESIA'S TAINTED DEMOCRACY CALLS FOR CHANGES*
Rizal Ramli, Jakarta | Tue, 03/29/2011
Recent revelations from WikiLeaks documents, stating that President
Susilo Bambang Yudhoyono and his family were involved in corruption are,
frankly, not a big surprise.
After all, Indonesian politics is notoriously dirty.
Yudhoyono and his advisors have tried to play down the scandal, but make
no mistake about it: Since the news about the palace shenanigans has hit
the streets, the outlook for Yudhoyono's presidency until the 2014
elections has been very bleak.
Until recently, mainstream opinion about Yudhoyono had been that he was
a weak leader but he remained popular because of the common belief that
he possessed that rarest of commodities in Indonesian politics: integrity.
But now that a shadow has been cast over his reputation as an honest
character, people are starting to wonder if he deserves to stay in
office until the end of his term.
Even if Yudhoyono were dishonest and not the leader everybody hoped he
was, one could at least find a good reason to support him if his
administration had made some decent progress in national development.
Sadly, the quality of life in Indonesia has declined under Yudhoyono's
leadership.
Although economic growth has been respectable, less than 20 percent of
the population lives comfortably while the vast majority must
continuously struggle to make ends meet.
Even menial jobs are difficult to find and the average income remains
very low. Prices of staple foods and daily necessities have been
increasing over the past year, leading to an increase in poverty.
Not only has life become more difficult for the average Indonesian under
Yudhoyono's watch, but we have also witnessed a return to the excesses
of power that plagued the country under the former Soeharto regime.
The "legal mafia" — a commonly used reference to organized crime
throughout the country's legal system — remains a constant menace and
prevents us from becoming a more humane and just society.
In fact, the legal mafia is a cabal of influential private attorneys,
officials within the police, the prosecutor's office and the judiciary.
As a result, the law is conveniently ineffective when applied to elite
citizens with money and power.
Many thoughtful observers believe that we can no longer afford to ignore
Yudhoyono's failures as a president. Our acceptance of his shortcomings
is an act of collective irresponsibility and ensures us of continued decay.
What we are witnessing today is the spreading of the seeds of national
disintegration. In turn, this could translate into Indonesia becoming a
failed state.
Former Soviet Union president Gorbachev was known as a very judicious
leader who was praised by Western leaders. He was even awarded the Nobel
Peace Prize.
His weak leadership, however, was blamed for runaway unemployment, a
dramatic loss of public welfare and, eventually, the collapse of the
Soviet Union.
While Indonesia enjoys plaudits from the international community for
being one of the largest democracies in the world, I would argue that
beyond the right to vote in elections there are few other reasons to wax
eloquent about our particular brand of freedom.
So while we may be categorized as an electoral democracy, there is
another sobering reality that needs to be addressed: While Indonesians
have the right to vote, their votes have only bought them what is best
described as a "tainted democracy".
What this means for the average citizen is that the system is only
successful at increasing the wealth of crony businessmen, executive
officials and legislators — hence defeating the core principle of
democracy itself, which is government for the people.
*For those Indonesians who care deeply about the future of our country,
it has become painfully clear that the reformist movement needs to be
reinvigorated.
Civil society must unite to voice their discontent and demand political
change.
Change is the only solution for containing a tainted democracy, weak
leadership and a troubled government. *
Political change can oust small self-interested elitist groups and
champion efforts to make democracy work genuinely in the interests of
the people.
The process for political change, however, does not require a coup or an
overthrow of government. A coup can only be carried out with guns or by
military forces.
*Far-reaching change can be endorsed effectively by strong public
support through a peaceful and non-violent approach.
If Indonesians can manage to gain ownership of their democracy, it would
set a great example for the rest of the world.
*
In 1998, Indonesia took the bold step by moving out of the shadows of
authoritarian rule.
Similar transitions are beginning to take shape in the Arab world. Now a
new, equally important transition needs to take place in Indonesia for
others to see: The replacement of the elite that only makes a mockery of
our hard-earned political freedom.
Indonesia can still become one of the greatest nations in Asia, but
Indonesians must now understand that it is their individual
responsibility as citizens to stand up for their rights and keep pushing
for change until democracy can work for their own welfare.
If change toward a better quality democracy materializes, Indonesia
could again show the world that our democracy is capable of
self-correction toward the establishment of genuine social justice.
/The writer was the coordinating economic, financial and industrial
affairs minister during the presidency of Abdurrahman "Gus Dur" Wahid.
He is a political observer./
/* * */
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