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Activists to Seek Judicial Review of Intelligence Law
Anita Rachman & Ezra Sihite | October 13, 2011

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stevealexander
6:08pm Oct 13, 2011

The Intelligence Law, though it means well undermines civil liberties which does not fit into the rules of a democratic society. Probably two of the most prominent problems with the law are ones regarding the tapping of phones and the regulation of the flow of funds. The government or BIN should be allowed to tap into a citizen's phone as it is his or her own privacy and such an invasion of that privacy is simply ridiculous. Regarding the regulation of funds, any suspected action towards any "illicit" activity would cause the perpetrator to be put on trial. How would a constant watch over the economic investments of entrepreneurs be considered democratic? Although some rules of the law does mean well, it is simply too restrictive for it to be a good one.


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The ink is barely dry on the new Intelligence Law but already activists are preparing to contest its constitutionality.

“As soon as the president signs the law, we are going to file for a judicial review,” said Al Araf, program director at human rights watchdog Imparsial.

Imparsial is one of 20 institutions united under a coalition determined to have several articles in the law, passed by the House of Representatives on Tuesday, reviewed by the Constitutional Court for potential rights violations.

The law sets out new rules governing the definition of a threat to the state; the leaking of intelligence secrets; the authority to tap telephones; the authority to track the flow of funds; and the gathering of information on anyone suspected of threatening national security or engaging in terrorism, separatism, espionage or sabotage.

Activists, including journalists, have warned that several articles in the law would endanger the freedom of the press.

“We are not opposing the entire law, only the articles that would disrupt civil rights,” Araf said.

State Intelligence Agency (BIN) chief Sutanto has previously said the Constitutional Court would side with the government on any review.

There was no need to worry, he said, as the intelligence community would work under a regulated system that eliminated the possibility of power being abused.

Deputy House Speaker Priyo Budi Santoso invited a review.

“If people are not satisfied with it, if they want to file a judicial review to the Constitutional Court, then please go ahead,” he said.

Priyo did say that Indonesia’s Intelligence Law was in fact more stringent than those in other countries.

“Will the activists that are going to contest the law maintain the nation’s security? No,” Priyo said.




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