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Widening of Eavesdropping Powers Nothing to Worry About, Govt Says
Camelia Pasandaran | March 23, 2011

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The government sought to assure the public on Tuesday that the wiretapping regulations it was seeking for intelligence agencies would be beneficial rather than harmful, as some fear.

“If the government has no power to wiretap, how can the intelligence agencies gain in-depth information?” Minister of Justice and Human Rights Patrialis Akbar said.

Bombs sent to various locations in Greater Jakarta over the past week have prompted lawmakers to highlight the urgent need for a revised intelligence bill to be passed.

However, the bill is raising controversy as it proposes to allow intelligence agents to arrest suspects without evidence in order to build a case and intercept communication without any permission from courts.

Lawmakers had previously rejected agents’ authority to arrest suspects and have indicated they may do so again.

On the wiretapping issue, State Intelligence Agency (BIN) head Sutanto said such authority was normal in other countries.

“The aim is for the intelligence agencies to work effectively, and for us to detect imminent threats early,” he said. “We will uphold the law, democracy and human rights in doing so.”

Patrialis added that it was better to have clear regulations on wiretapping.

“It will be a good thing when there is transparency in wiretapping — that could remove any worries concerning human rights violations,” he said.

He said the bill would not simply allow the intelligence agents to wiretap freely, but there should first be an indication that there was a threat to the nation.

“If [intelligence officials] violate wiretapping regulations, there will be sanctions,” he said. “The House will supervise the implementation [of the law].”

The power to wiretap would not only be given to BIN, but also to other intelligence departments of government institutions.

“But for sure, wiretapping should start [only] when there is sufficient [incriminating] information,” the minister added.

Constitutional Court Chief Mahfud M.D. said that if the bill, once passed into law, is deemed to violate constitutionally protected human rights, a request for a judicial review could be filed with his court. “But the state can wiretap, as long as this is regulated by law,” he said.