So Can Evidence of Intelligence Information?

Head of State Intelligence Agency, Sutanto, said tackling terrorism faced obstacles because of intelligence information can not serve as evidence. As a result, intelligence information that could not be pursued and prosecuted.


"Information is not evidence. That barriers. Though the information can come from the NIA, the TNI, including the police themselves. If that could be evidence, it would be very effective in dealing with terror, "Sutanto said after a meeting with the House of Representatives Commission I, Senayan, Jakarta, Monday, September 26, 2011.


BIN including one of the parties in the spotlight after a suicide bomb explosion at Bethel Full Gospel Church (GBIS) Kepunton, Solo, Sunday, September 25, 2011. President Susilo Bambang Yudhoyono immediately ordered an internal evaluation of the police and intelligence. "If there are errors of the apparatus, will be dealt with who is negligent or irresponsible," said presidential spokesman, Julian Aldrin Pasha.


BIN chief himself denied allegations that call cornering performance of the intelligence apparatus was too weak, so rated can not prevent or detect early terror suicide bombings that have occurred several times. "We've managed to uncover a few times, before the explosions. Although officials already know, but intelligence is not evidence that can be legally processed, "Sutanto said again.


BIN respond to complaints, the Commission I in charge of defense and security and intelligence, and is a partner of NIA, said that intelligence information could be evidence, with a particular record. "Let's see what kind of intelligence data," said Vice Chairman of Commission I, Tubagus Hasanuddin, when talking with VIVAnews, Tuesday, September 27, 2011.


"It should be clarified and deepened earlier, this type of intelligence-related information. Such information is in the form of recordings or videos, of course it could reinforce the preliminary evidence, "said Hasanuddin.
According to him, the decision whether the intelligence information it can be a means of proof or not, should be handed over to police as the authorities.


"Leave it to law enforcement. A matter of intelligence information may or may not be evidence can not be regulated in the Intelligence Act of Parliament design is discussed, but regulated in the Criminal Procedure Code which is the domain of law enforcement, "Hasanuddin said.

Five Input Contrast for Intelligence Bill

When a suicide bomb exploded in Solo, a number of politicians immediately voiced the need for an intelligence law better. A number of crucial issues in the discussion back to the fore, including the matter of capturing intelligence authority.

Commission for Disappearances and Victims of Violence (Contrast) states, the bill must be in harmony with the intelligence of human rights. In a press release received VIVAnews, Tuesday, September 27, 2011, Contrast detailing the five inputs to the draft bill discussed in the House of Representatives Commission I was.

First, this bill should be the basis of the legitimacy of intelligence reform, especially in the matter of building a model of organizing, structuring the organization of intelligence priorities, the development of accountability mechanisms and institutions work.

Second, intelligence can do wiretapping / interception, but had to go through a standard mechanism and detailed and must have a clear prerequisite. One of the main thing is to get court approval and to mention a very clear purpose, for example, tools used, time period and for specific cases.

The formulation of this interception can refer to the Constitutional Court Decision No. 006/PPU-1/2003; No. 012-016-019/PUU-IV/2006; and no. 5/PUU-VIII/2010. The Court argues that it needs to set its own rules about wiretapping device-level legislation to prevent the possibility of abuse of authority for wiretapping and recording. Thus it is appropriate that the bill accompanied Intelligence and aligned with the discussion of the Draft Law on Wiretapping in the interest of setting the intelligence intercepts.

Third, the intelligence can not do extensive testing or deepening of a person who is considered to know something of the vision, hearing or experience. Information collected and processed and analyzed can be submitted to the Police if deemed potentially and found sufficient evidence that the crime will occur, violence or lawlessness.

Fourth, there must be layered over intelligence oversight; from the start of individual intelligence officer (required to have qualified for the optimization of intelligence work in balance with the minimum respect for human rights). The intelligence officer is also equipped with an individual right to object to run a task if in a given assessment task is a potential violation of law and human rights.

The next supervisory oversight of intelligence by applying institutional preconditions (in recruitment intelligence agent), formulation of a clear desk job and a code of conduct intelligence officer. Another oversight through the House of Representatives intelligence committee formed by the duty to receive complaints from the public authorities on suspicion of bad practice (staff) and other intelligence.

While judicial oversight conducted through the legal process as provided for in other laws. Including testing the rules of the institution's internal intelligence which is considered contrary to the principles of human rights, asking for confidential information to be opened for the disclosure of a case. Another oversight is oversight by state commissions such as the Ombudsmen, National Human Rights Commission, National Commission for Protection of Women, Commission on Public Information, etc..

Fifth, the punishment would be difficult to apply to "any person" who leak intelligence secrets. Today's society does not know the classification of intelligence data that are considered important and could endanger national security (to date there is no National Security Act). Besides a state secret is not only a burden but an intelligence officer also must be balanced with the documentation system that ensures the integrity of state secrets, the regularity and the detection of the user (an) her.

Therefore, five points related to this, Contrast recommends, first, discussion of the bill involves the civil society groups are more varied, such as civil society in the region, the victim of bad intelligence practices (such as in Aceh, Poso, Papua). Second, the discussion concerned investigative reports and legal decisions such as the murder of Munir, the report of the Commission of Truth and Friendship of the Republic of Indonesia and the Democratic Republic of Timor-Leste, the National Human Rights Commission investigation and the National Commission of Women. Third, the bill Intelligence in parallel with the National Security Bill and the Bill Tapping.

October 26, Deadline for Intelligence Bill

Government and the Parliament has nine years of back and forth in the drafting of Intelligence. Discussion of this crucial bill always foundered along with the alternation of government and the House leadership turnover period. Now, the discussion of the bill is once again approaching deadline.

Vice Chairman of Commission I, Tubagus Hasanuddin, said that the discussion of the bill in the House should not be more than three times during the trial. "If the passing of three times during the trial, had to start again from scratch," he said. "So, the deadline for preparation of the Intelligence bill was dated October 26, 2011. That date, all has to be wrong, "he told VIVAnews, Tuesday, September 27, 2011.

Therefore, further Hasanuddin, the current draft of the Working Committee on Intelligence House of Representatives Commission I with the government is working hard so that the bill could be completed on time. "This is indeed a long process and a continuation of previous years. But I believe this bill could be finished well, "he said.

Member of Commission I, Teguh Juwarno, expressed similar optimism. He said the bill on Intelligence at the level of the Working Committee is nearing completion. "We have been in the Formulation Team between Parliament and government. It is estimated that in the near future will be brought to the commission, "he explained separately.

Firmly convinced, that the Intelligence Act will be a legal umbrella for the intelligence, so that the State Intelligence Agency may be a strong institution but responsible and accountable. Chairman of the Intelligence Committee bill, Agus Gumiwang Kartasasmita, also confirmed the good news.

Agus said the House and the government have agreed on several crucial points in the Bill, among others, to give authority to wiretap BIN - BIN comply with the record number of signs. Signs that include wiretapping maximum limit of 6 months, and no court involvement.

"The point intelligence needs to be given the authority to be able to dig up information, in order to explore the case," said Agus. However, he added, the House does not allow the NIA to arrest and detention. "The bill explicitly states, no detentions and arrests," said Agus.

Anas Urbaningrum: We Need Intelligence Law

Passover suicide bombing at the Church GBIS Kepunton Solo, Last week, Chairman of the Democratic Party, Anas Urbaningrum, acknowledge that Law Intelligence is very important and urgently needed.

"The case of a suicide bombing at church yesterday, increasingly emphasized the importance of the Intelligence Act," said Anas Urbaningrum. "Because that's an important intelligence function is emphasized and regulated in the legislation to prevent the emergence of such a case," he said in Solo, Wednesday, September 28, 2011.

Furthermore, Anas revealed that the most important is the function to detect early and anticipate the possible emergence of a threat of action. "If it is detected there's recana terror must be addressed immediately. No need to wait for the explosion, "he said.

Therefore, he also stated that such provisions do not have allergies. Also not to worry about the misuse wewengang, given pubilk and political control is very strong. "Today's era of democracy so no need to abuse of authority in the matter," he said.

Meanwhile, to prevent spreading the teachings of terrorism, he was asked to perform de-radicalization efforts to young people so far away from violence and terrorist movements. "Deradicalisation endeavor should also be more serious. Deradicalisation not only when there are events but dikhtiarkan continuously, "he said.