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Wiretapping Controversy Threatens Further Delays for Intelligence Bill
Ronna Nirmala | September 18, 2011

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somebody-depache
11:19am Sep 18, 2011

Yes agree, wiretapping should require prior court order in a country where the judges are fair, intellect, and not corrupt, and where the court's bureaucracy is well managed. Wait, I just realized this bill will be applied in Indonesia.

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A controversial intelligence bill originally scheduled for passage in June is facing more delays as lawmakers, the administration and intelligence officials try to resolve differences over contentious issues such as wiretapping.

Gamari Sutrisno, a Prosperous Justice Party (PKS) lawmaker on the House’s defense commission, which is deliberating the bill, said there were 21 articles that still needed to be finalized.

He said lawmakers needed to solicit advice from intelligence experts and nongovernmental organizations on some of these outstanding issues, and that in the meantime the PKS had agreed to propose another postponement in the deliberation of the bill.

“We cannot force the bill to be passed before it is ready,” he said. “It’s too crucial.”

The debate centers on whether intelligence officers should have arrest and detention powers, whether wiretapping and other intercepts should require a court order and how to ensure oversight and accountability mechanisms consistent with democratic governance.

“The article on the wiretapping of phone conversation has generated heated discussions between the members of the commission,” Gamari said. “Different versions have emerged of what kind of wiretapping system the bill should adopt.”

He said there needed to be more coordination with intelligence bodies on the final details of the bill.

Intelligence expert Wawan Setiawan said the House should put the deliberation of the bill on hold until more comprehensive studies of the issues were completed.

“The intelligence bill is important for the state, the power of the country is rests on it,” he said. “We have to supervise the deliberation of the bill.”

Prepared in late 2010, the draft was originally scheduled to be passed in July but has been delayed by differences among lawmakers, public officials, civil society and intelligence bodies.

Effendi Choirie, a lawmaker from the National Awakening Party (PKB), said the current draft favors the government, and has become a political tool for those in power.

He proposed that the chairman of the State Intelligence Agency (BIN) should be appointed by the House, after proper vetting, instead of being directly appointed by the president.

“The intelligence bill is being used by the leader to conquer the country,” he said, adding that by allowing the president to directly appoint the BIN chief, there were few checks and balances in the House.

However, Effendi said the bill should be passed by the end of the year. “To avoid more controversy, the process cannot be put off too long,” he said. “But still, the commission is open for dialogue with other institutions about the bill.”