Analysis of National Security Bill Proposal

Analysis of National Security Bill Proposal

By David Raja Marpaung S.IP M.Def

The urgency National Security  primarily driven by inter-agency coordination in the handling of the threat (armed forces, police, another stakeholder), the security risk threat that increasing recently, and also to answer the clarity  of authority and responsibilities of agencies in the gray area.

Nonetheless, one of the biggest challenges in Indonesia are often the main area of ​​responsibility is gray (gray areas) so as to bring the two attitudes. First , the two parties or institutions feel that an issue is part of its responsibilities. This affects the handling is not comprehensive due to the different forms of treatment against a threat. Second,  the two parties or even parties who have a slice of responsibility to a problem just ignore the necessity to overcome the threats because he felt that the threat was not part of the relevant institutions. This is one of the challenges of security management that not only suffered by the Police and TNI, and other security actors, but also experienced by many actors other government institutions. This is like trying bridged by the National Security Bill. 

There are two main things that need to be a concern in drafting the National Security Bill. The first is the National Security Bill should incorporate the principles of democracy and human rights. As a result of termuatnya both these principles, then it should include the National Security bill on transparency, accountability, and reporting.National Security Bill to be transparent and accountable in the sense that the community should know what is happening in organizing security in Indonesia. It deals with activities such as policy implementation of what is spent, what, where made, what purpose, how the process is, how much budget is used, and what the outcome. This is to cover up a secret mission that made the device or instrument of the state and intended to injure his own people and to avoid misuse or distortion of the use of the budget.Nevertheless, not necessarily all of which must be done at a time when executed. This is because related to the type of mission, and the need for speed in responding to threats. However, the important point is to open space to public accessibility terdahap an activity involving governance, in this case the implementation of national security, in a stage of time. So this can provide supervision by the assurance process. Then, it is important in the application of the principles of democracy and human rights to ensure a reporting mechanism, investigation, and recovery in a centralized agency that specialized security-related operation. This mechanism is to ensure that there is an institution devoted to the care of the problem of abuse of authority or the state in relation to or connection with the rights of citizens. Starting from receiving reports, conducting investigations and inquiries, until the administration's decision to, for example provision of recovery, or compensation if it is true there is a violation of the rights of citizens during the process of national security. And it is important to emphasize that the safety of the complainant to obtain a guarantee from the state.

The second thing to consider in drafting the National Security Bill which also emphasizes the importance of a mechanism that can ensure a process of reporting, investigation, and restoration of human rights or democratic principles is still a past trauma. The biggest clash in the process of drafting Kamnas resistance is related to society caused by trauma on the occurrence of many human rights violations and lack of clarity to the process of investigation into human rights violations. Trauma is probably not going to continue to haunt if the process of investigation into human rights violations that occurred throughout the history of New Order and the closest is the event in May 1998, and the assassination of human rights activist, Munir, can be solved and revealed. However, because it is the opposite happens, then the range of conversation, discourse, or discourse relating to national security and centralization of governmental authority and powers of the security sector terhdap will always be regarded with suspicion, however well a development of the national security system, or a bill National Security prepared.

Although some of the things that become the background preparation of the National Security Bill are the things that are experienced by the organizers of the government and state security actors, but there are some things that can be a misinterpretation when not straightened out.

First, the preparation of the National Security Bill that has a tendency to explore the many sectors and fields, prejudice and suspicion that there is a willingness to re-open the gap to the control of the state by the "security regime". Prejudice was raised when the approach used in any security threat is its militaristic approach. This concern is justified when it is associated with a past history where "the military regime" coloring almost all aspects or areas of government. And although the reforms have been floated and the historical record, the fear of re-mastering effort by an authoritarian state is still strong. This is because the absence of a complete settlement of past human rights violations and lack of seriousness towards the completion of various violations. So that a very large resistance created when there are many businesses that feared the government to restore the pre-reform conditions. So it is necessary, for example, that the approach used in the completion of a variety of potential threats is no longer a militaristic, but rather emphasize the role of relevant institutions in some respects the authority of the institution and the community involvement in the handling of the threat, especially in the handling of threats stages do not need armed forces. And also it is important to resolve various human rights violations in the past as a form of understanding of reform and the importance of democratic values ​​and human rights in Indonesia to walk. So when the National Security Bill is sought to be run and well received, the first phase to be completed is not on the substance of the bill, but the necessity of settlement of various things which the bill is acceptable, as the investigation into the events of human rights violations that occurred in Indonesia . So that the various debates relating to the National Security Bill before entering into the substance, must be completed prior various problems of the condition which the bill was made.

Second, the various problems inherent in the management practices in specific institutions that must be completed first.Especially relating to the capacity of each state institution as has been mandated. At this level, the capacity of each institution is maximized sectorally. It also includes the ability to coordinate inter-departmental working. Which path itself can be reached without going through legislation, such as limited only by the direction of the president. So not all the things listed and charged through the National Security Bill. Thus, the National Security Bill can be directed to things that are special and urgent, and applies when there is a determination of the state. So every institution can specify what specific things that need to be handled in coordination relating to national security. This is to eliminate the suspicion of the possibility of securitization of various things which declared a national security threat and consequently able to exert coercive state devices. Thus, the bill directed to the handling of national security threats that are urgent and can not be resolved in the normal institutions. Thus, rules of engagement or SOP can be prepared, not to address the threat of a general nature, but the threats that are specific and urgent.

Last, preparing a National Security bill which is intended to respond to various forms of threats that could harm the integrity of Indonesia is an important country. But even more important to consider the various political background, history, resources and the various contexts in which the bill was drawn up. Develop a National Security bill which might be expected to be able to provide the legal foundation for the establishment of settlement schemes or the creation of various forms of threats in the future, should not be a misnomer as the source of the threat. Fear appears to be a misuse of legal substances from the National Security bill would be good if resolved not only with the socialization of the importance of National Security Bill, the background needs, as well as an overview of substance. Rather, it must be clarified before a commitment to respect democratic values ​​and human rights through the completion of various actions that violate these principles along with the openness and accessibility of the implementation of security which has been running. So many parties can be assured that the National Security Bill is built on the basis of both principle and not just include them in the form of chapters to obtain approval and convince the various parties.

Paper Presentation at FGD with Indonesia Police and TNI, also Related Stakeholder