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.