Short Analysis: weakness of counter-terrorism laws in Indonesia

Short Analysis: Weakness of Counter-Terrorism Laws in Indonesia

BY David Raja Marpaung S.IP , M.Def

Although various attempts have been made, and the actors have a lot to get caught, predicted terrorism would still be a problem of the nation in the future. Therefore, this issue is used as one of the priorities in the government agenda.

Weak legislation

Currently, Indonesia has had Law. 15 Year 2003 on Combating Criminal Acts of Terrorism. However, it was felt that the existence of the law is not adequate to address acts of terror even more prevalent after the application of Law no. 15 of 2003. Therefore, there are thought to create or revise some laws and regulations relating to the eradication of terrorism, namely:

• Need to be made Law On Intelligence (during the existence of the BIN only based Instruction, the Instruction of the President of the Republic of Indonesia No. 5 of 2002), so that there is clear coordination among all the intelligence agencies in Indonesia, both in the field of duty, authority, and responsibilities of each.

• Law should be revised. 15 Year 2003 on Combating Criminal Acts of Terrorism. Even if there is a view that assesses the need for a stronger rule of law (read: kind of Homeland Security Act / ISA), it is necessary to study thoroughly and deeply, given the existence of similar laws in the past and the experience left a bad impression on most people Indonesia.

To increase the effectiveness of counter-terrorism, in a meeting with Menkopolhukam on August 31, 2009, the House of Representatives Commission I Commission deems it necessary to Law No. 15 of 2003 on the Crime of Terrorism repaired include improving aspects of Prevention and capacity, including the possible establishment of a body operationally authorized to perform combat duty / counter-terrorism. In this connection the Commission I urge the Government to issue regulations as the elaboration of the provisions of Law No. 34 Year 2004 on the Indonesian National Armed Forces and Law No. 2 of 2002 on the Indonesian National Police, to set more detailed provisions of Rule of Engagement (rules of engagement) military, Military Operations In addition to job-related military war, including the rules of military engagement in addressing terrorism and perbantuan duty military to police.

No less important is the need for communities to be more involved to participate in fostering and maintaining security in their respective environments. In other words, it needs a more proactive effort to increase the sensitivity and awareness of domestic security.

It should also be understood that terrorism is not linked to religion, race, culture, or a particular nationality. Solving the problem of terrorism is also not enough just to eradicate after the action occurred. But the important thing is to find a root cause of terrorism why a growing sector in the country (particularly in Indonesia). In connection with this, the most fundamental question that should be asked is "why" a criminal act of terrorism occurs, not "what" is meant by terrorism. By knowing how a criminal act of terrorism occurs, then the therapy to "cure" might be easier to do.

Study of Terrorism

Study of Terrorism

By: David Raja Marpaung S.IP M.Def

A. The definition of terrorism.

1. According to the UN Convention in 1937, all forms of terrorism are criminal acts directed against the state with the intention of creating a form of terror against specific people or groups of people or society at large.

2. U.S. Department of Defense in 1990. Terrorism is the unlawful act or acts that contains threats of violence or coercion against individuals or property to coerce or intimidate governments or societies for the purpose of political, religious or ideological.

B. Terrorism motivation.

Terrorists inspired by different motives. Motivation of terrorism can be classified into three categories: rational, psychology and culture can then be translated into broader:

1. Freeing the country. Fighters - Palestinian militants on 15 November 1988 it proclaimed independence in Algeria. In achieving these objectives PLO eventually divided into two fronts, namely front Intifada and the radical militant movement (Hamas). For the state of Israel, the PLO however shape classified as a terrorist group

2. Separating themselves from the legitimate government (separatists). IRA (Irish Republica Army) in any of the activities labeled as terrorists by the British government. . In Indonesia it had occurred in Aceh, Papua, and is still going on.

3. In protest the prevailing social system. Italian Red Brigades, which aimed to liberate Italy from the capitalists multinasionalis, by the Italian government put in a terrorist group. In Indonesia, this is done by the radical Islamic group or isla, hardliners dissatisfied with the social system, and especially the capitalist economic system that developed in Indonesia.

4. Get rid of the enemies of political enemies. Widely used Kadafi to get rid of political opponents by mengirirnkan DeadSquad to kill. The most prominent attempt to kill Libyan bekasPM A. Hamid Bakhoush in Egypt using pembunuhpembunuhbayarandari Europe. In Indonesia President Yudhoyono himself has commented that he is a terrorist target or targets.

C. Terrorism purpose.

The goal of terrorists can be divided into long-term goals and short-term goals.

Short-term goals.

1. Gaining recognition from local, national and internationally for his battle.

2. Triggering the government's reaction, over-reaction and repressive measures that could lead to unrest in society.

3. Disrupt, undermine and embarrass the government, military or other security forces.

4. Showed no's government was able to protect and secure its citizens.

5. Prevent or hinder the decision of the executive or the legislature.

6. Satisfactory or revenge.

Long-Term Goals

1. Cause dramatic changes in the government such as revolution, civil war or a war between nations.

2. Creating favorable conditions for the terrorists during the guerrilla war.

3. Influence policy decision makers both locally, nationally or internationally.

4. Obtain political recognition as a legal entity to represent an ethnic or national group.

D. Recruitment

1. Based Recruitment Agency

First, the safest way, they recruit new members from the seeds of quality in the educational institutions of their own, such as boarding schools or even just study-study routine.

To the candidates in question, a special team appointed will hold briefing process systematically. In this process, attention is drawn more to the indoctrination.

In the span of time planned, time will come prepared candidates that were initiated or taken the oath of allegiance. They pledged to listen and obey their leaders. They also vowed not to betray to their organization, whatever the situation demands.

They will be assigned in units of small cells effectively. Therefore, their confidentiality is assured. When the cells were destroyed by the government authorities, the situation will not harm other cells.

Each cell members responsible only to the head of the cell. Not to the supreme leader or imam them, so that the motion can still continue their struggle to walk and to regenerate.

2. Based Recruitment of Non-Agency

Second, a practical and cost-effective and energy, they recruit new members from the community around them.

In this way, it takes no training or formation-physical formation. A candidate can be recruited to immediately assigned, any risk that happening. Recruitment point lies in the recruiting efforts of persuasion.

The process starts from the recruitment potential members. The number of candidates, usually, not much. Five people have already said too much. Now the terrorist group targets youth even student groups as an operator in the field.

E. Funding

Robbery.

Operations that are carried out by terrorist groups is very expensive. To fund their terrorist activities rob a bank or armored car carrying large amounts of money. Bank robbery can also be used as a test for new personnel training program.

Extortion

Terrorists often use hijacking operations, particularly aircraft for ransom to free the hostages.

Another way is to kidnap important people or families to obtain large amounts of ransom money.

Hawalla System or fictitious trading

Terrorist groups do fictitious trading system or hawalla system to launder the proceeds of crime, or transfer money from a sponsor or donor.

For example, a terrorist group in Indonesia exporting trashy recognized as a super-advanced technology, and are sold with a very high into the middle east which is the main financier of terrorist movements.

Kajian Teorisme

Kajian Teorisme

By:David Raja Marpaung S.IP M.Def

A. Definisi terorisme.

1.   Menurut Konvensi PBB tahun 1937, Terorisme adalah segala bentuk tindak kejahatan yang ditujukan langsung kepada negara dengan maksud menciptakan bentuk teror terhadap orang-orang tertentu atau kelompok orang atau masyarakat luas.

2.   US Department of Defense tahun 1990. Terorisme adalah perbuatan melawan hukum atau tindakan yang mengan-dung ancaman dengan kekerasan atau paksaan terhadap individu atau hak milik untuk memaksa atau mengintimidasi pemerintah atau masyarakat dengan tujuan politik, agama atau idiologi.

B. Motifasi Terorisme.

Teroris terinspirasi oleh motif yang berbeda. Motifasi terorisme dapat diklasifikasikan menjadi tiga kategori : rasional, psikologi dan budaya yang kemudian dapat dijabarkan lebih luas menjadi :

1.   Membebaskan Tanah Air. Pejuang - pejuang Palestina pada 15 Nopember 1988 memproklamasikan kemerdekaan-nya di Aljazair. Dalam mencapai tujuan tersebut pada akhirnya PLO terbagi atas dua front yaitu front Intifada dan gerakan radikal garis keras ( HAMAS ). Bagi negara Israel , PLO bagaimanapun bentuknya digolongkan ke dalam kelompok teroris

2.   Memisahkan diri dari pemerintah yang sah ( separatis ). IRA (Irish Republica Army ) dengan segala bentuk kegiatannya dicap sebagai teroris oleh pemerintah Inggris. . Di Indonesia ini sempat terjadi di Aceh, dan masih berlangsung di Papua.

3.    Sebagai protes sistem sosial yang berlaku. Brigade Merah Italia, yang bertujuan untuk membebaskan Italia dari kaum kapitalis multinasionalis, oleh pemerintah Italia dimasukkan ke dalam kelompok teroris. Di Indonesia hal ini dilakukan oleh kelompok islam radikal atau isla, garis keras yang tidak puas dengan system sosial, dan terutama system ekonomi kapitalis yang berkembang di Indonesia.

4.   Menyingkirkan musuh-mu-suh politik. Banyak digunakan Kadafi untuk menyingkirkan lawan-lawan politiknya dengan cara mengirirnkan DeadSquad untuk membunuh . Yang paling menonjol usaha membunuh bekasPM Libya A. Hamid Bakhoush di Mesir yang menggunakan pembunuhpembunuhbayarandari Eropa. Di Indonesia sendiri Presiden SBY sendiri pernah berkomentar kalau dirinya menjadi sasaran atau target teroris.

C. Tujuan Terorisme.

Tujuan dari teroris dapat dibedakan menjadi tujuan jangka panjang dan tujuan jangka pendek.

Tujuan jangka pendek.

1.   Memperoleh pengakuan dari lokal, nasional maupun dunia internasional atas perjuangannya.

2.   Memicu reaksi pemerintah, over reaksi dan tindakan represif yang dapat mengakibatkan keresahan di masyarakat.

3.   Mengganggu, melemahkan dan mempermalukan pemerintah, militer atau aparat keamanan lainnya.

4.   Menunjukkan ketidak-mampu-an pemerintah dalam melin-dungi dan mengamankan warganya.

5.   Mencegah ataupun menghambat keputusan dari badan eksekutif atau legislatif.

6.    Memuaskan atau membalaskan dendam.

Tujuan Jangka Panjang

1.   Menimbulkan perubahan dramatis dalam pemerintahan seperti revolusi, perang saudara atau perang antar negara.

2.   Menciptakan kondisi yang menguntungkan bagi pihak teroris selama perang gerilya.

3.   Mempengaruhi kebijaksanaan pembuat keputusan baik dalam lingkup lokal, nasional atau internasional.

4.   Memperoleh pengakuan politis sebagai badan hukum untuk mewakili suatu suku bangsa atau kelompok nasional.

D. Rekrutmen

1.   Rekrutmen Berbasis Lembaga

Pertama, cara yang paling aman, mereka merekrut anggota-anggota baru itu dari bibit-bibit bermutu yang ada di lembaga-lembaga pendidikan milik mereka, seperti pesantren-pesantren atau bahkan sekedar pengajian-pengajian rutin.

Kepada calon-calon yang dimaksud, tim khusus yang ditunjuk akan mengadakan proses pengarahan secara sistematis. Dalam proses ini, perhatian tertuju lebih kepada indoktrinasi.

Dalam rentang waktu yang direncanakan, akan tiba waktunya calon-calon yang disiapkan itu dibaiat atau diambil sumpah setia. Mereka berikrar untuk mendengar dan menaati pimpinan mereka. Mereka juga bersumpah untuk tidak berkhianat kepada organisasi mereka, apa pun keadaan yang menuntut.

Mereka akan ditugaskan dalam satuan sel-sel kecil yang efektif. Karena itu, kerahasiaan mereka terjamin. Ketika satu sel dihancurkan oleh aparat pemerintah yang berwenang, keadaan itu tidak akan membahayakan sel-sel yang lain.

Masing-masing anggota sel hanya bertanggung-jawab kepada pimpinan sel. Bukan kepada pemimpin tertinggi atau imam mereka, sehingga gerak perjuangan mereka masih bisa terus berjalan dan melakukan regenerasi.

2.   Rekrutmen Berbasis Non-Lembaga

Kedua, cara yang praktis dan hemat biaya serta tenaga, mereka menjaring anggota-anggota baru dari masyarakat di sekitar mereka.

Dalam cara ini, tidak dibutuhkan pelatihan-pelatihan atau pembentukan-pembentukan fisik. Seorang calon anggota dapat direkrut untuk segera ditugaskan, apa pun resiko yang terjadi. Titik perekrutan terletak pada upaya persuasi orang yang merekrut.

Proses tersebut dimulai dari penjaringan calon-calon anggota. Jumlah calon anggota, biasanya, tidak banyak. Lima orang sudah dikatakan terlalu banyak. Kini kelompok teroris bahkan mengincar kaum muda kelompok pelajar sebagai operator di lapangan.

E. Pendanaan

Perampokan.

Operasi yang di-laksanakan oleh kelompok teroris adalah sangat mahal. Untuk mendanai kegiatan mereka teroris merampok bank atau mobil lapis baja yang membawa uang dalam jumlah besar. Perampokan bank juga dapat digunakan sebagai ujian bagi program latihan personil baru.

Pemerasan

Teroris sering menggunakan operasi pembajakan, terutama pesawat untuk meminta tebusan untuk membebaskan para sandera.

Cara lain adalah dengan penculikan orang orang penting atau keluarganya untuk mendapatkan tebusan dana dalam jumlah besar.

Hawalla System atau perdagangan fiktif

Kelompok teroris melakukan system perdagangan fiktif atau hawalla system untuk mencuci uang hasil kejahatan, atau mentransfer uang dari sponsor atau donor.

Misalnya sebuah kelompok teroris di Indonesia mengekspor barang rongsok yang diakui sebagai alat teknologi super canggih, dan dijual dengan sangat tinggi ke timur tengah yang merupakan pendana utama gerakan teroris.

National Security Problem in Indonesia

Study Case: Sampang Violence

By David Raja Marpaung

In the last 10 years, government and citizen capability in maintaining the integrity of the Indonesian nation are weak. Violence in the name of religion re-occur happen. This time repeated in Sampang, when. Sunni and Shia groups arguing, attacking each other, and ended with the burning of a number of Shiite followers home

In the case of Sampang, the problem becomes more complex because of the two contexts. First, the conflict was actually not out of a personal conflict between the two brothers in the fighting "something". To add ammunition power, respectively and then "ask for help" from a community based on the understanding that the two streams.

Second, the conflict in Sampang occur in areas classified as retarded. Sampang District is one district behind. Education level of society, for example, below the average level of education in East Java. Economic life is also quite poor

Meanwhile, paternalistic culture is still strong. Level of compliance with community leaders still high. It is not surprising that we find the reality that the people who were directly involved in violent conflicts, there is really no substance to understand in depth theological similarities and differences between Sunni and Shia. All they know is, they are part of the Sunni and Shia. When there is a move to cancel each other out, they simply followed the invitation.

In the context of Indonesian-ness, what happened in Sampang was very worrying. Since the beginning, the construction of nationhood built Indonesia is a nation of diverse, but one. Construction is in line with the frame of multicultural understanding.  

A pluralistic nation will be well established when each group recognizes and supports the existence of other groups. Supports other groups to exist, means to support himself to remain there. In addition, a pluralistic nation will run well when between one group and another group can and work together.

Ethnic differences, social class, religion, and other sociological characteristics are not an obstacle for them to interact with each other in everyday life. Case in contrast to the characteristics Sampang multicultural understanding. Among the warring parties that there is no thought and action for mutual recognition and efforts to negate each other. Further consequence, they do not want cooperation with each other.

Linked to the unrest in Sampang, we should be able to think clearly bahwasaanya unrest, not religious issues (conflict between Shia-Sunni), but purely criminal matters (family). Therefore, we asked the religious / community to help calm the people and not give misleading comments that could disturb the atmosphere.

Supposedly, the incidence of violence in the name of religion should not be happening in Indonesia is a democratic country. Moreover, religious freedom is stipulated in the constitution. There is no one religion that justifies his followers to violence. So that similar incidents do not recur and spread to other areas, law enforcement officials must act decisively

Dangers of Radicalism against the Republic of Indonesia

Preliminary
The phenomenon of radicalism in Indonesia to be an interesting issue to be taken seriously. The issue of radicalism in Indonesia can often be found at berabagai reviews in various media. Ranging from religious radicalism to be social. Radicalism of course at some particular degree can lead to an instability and social security, so that ultimately the question of radicalism is to be completed within the realm of defense and security.

Why is there radicalism?
Above questions is an important question in the answer before explaining the link between radicalism and the threat to the integrity and security of the country. Radicalism is the result of a process of marginalization and inequality that exist in society. Poverty for example, is one issue that also fosters radicalism movements.

The government can legally claim that Indonesia continues to experience a good economic growth. Bank Indonesia estimates that Indonesia experienced economic growth of 5.5 to 6% is in fact merely an idea of ​​economic growth is quantitatively not qualitatively touch. In fact, the unemployment rate remains high, including the amount to 9.43 million people. Although the government claims that the unemployment rate decreased repetition, but after the study, informal sector and the community turned out to be the best sector to absorb labor. So the significance of the role of government in reducing unemployment is clearly visible.

The next issue is the implementation of democracy is no longer grounded in the national identity as a nation that likes deliberation. Local elections such as a greater emphasis on the aspect of quantity or a majority vote rather than using the principle of consensus. Thus, the voice becomes the voice of marginalized minorities. Coupled with the problems of majority rule without the rule of law. Head chosen because it is a majority vote of a crime suspect. This triggers the minority community to voice his voice in a way that is not orderly.

Against the danger of radicalism and National Security
Continued high levels of poverty pose a problem to the existence of the poor. So easy for them from slipping into a variety of adverse actions and melanggara law. Motorbike Gang for example, up to the forums to violent groups just to show an existence.
When it does, and lower levels of society gathered in a specific group and tend to perform an action that anarchists, it is very difficult for authorities to control the anarchic activities carried out by these groups. Surely this anarchy become a threat to stability and national security.

At least there are some events that radicalism and anarchism mass media spotlight in recent months; events in the mass anarchism Ampera (in front of the South Jakarta District Court), and the violence in Jakarta will be undertaken radical groups such as community organizations such as FPI and FBR. In 2007, there were 10 acts of violence by the FPI. 2008 there were eight acts of violence by the FPI and FBR. In 2009, there were 40 action by the FPI, FBR and the Betawi Youth Front and the year 2010 there were 49 action by the FPI. The large number of violent anarchism is an indicator of why a potential threat to national security.

Solutions and Closures

Mapping of the range of problems we can conclude that in general, a problem that occurs is the marginalization of certain groups within the context of economic, social, legal and political.
Marginalization problem is closely related to the issue of 'access', meaning that there are problems of limited access in public later restricting certain groups to participate in the dynamics of economic, social, legal and political. Therefore, the primary solution should be emphasized by the government is reducing the form of limited access to economic, social, legal and political.

Access limitations can be overcome for example by increasing the number of jobs, improve the quantity and quality of social facilities as a means of actualizing the community, improve the fairness of legal services and improve accountability and articulation of political channels available.

As a concluding note, the rampant growth of the movement and radical groups in Indonesia are also influenced by the kind of 'omission' of the state apparatus so that the impression that their existence is socially normal. Is something wrong if the state officials, especially law enforcement officials distanced themselves from the activities of radical groups for fear of being branded as violators of democracy and freedom of association. Conversely, every law enforcement officials should be able to act decisively in cracking down on radical groups in accordance with applicable laws corridor because after all, in democracy and freedom of association in Indonesia is currently subject to the rule of law that is not infiltrated by anarchism and violence.

Immigration viewed from the perspective of the Defense and Security
By David Raja Marpaung

Immigration basically have strategic value to the defense and national security. This is because the major function of immigration as a state institution responsible for the administration and control of traffic flow of people between countries. Here it is understood that immigration is directly located on the first layer of the leading countries in the region (read: the border) that serves to counter external threats. As we know that the immigration work in the region 'modern borders' such as airports, seaports and border crossing / onshore terminal.

Regarding the issue of Immigration
There are several problems in the field of immigration that has real implications for the issues of defense and national security should receive more attention, namely,

1.Monitoring against foreigners inflows to Indonesia along with the validity of their residence permit

This is a fundamental function of the primary responsibilities of the immigration authorities. They must conduct periodic administrative supervision of the foreign national to visit Indonesia. It is inevitable that many foreigners who come to Indonesia, and not a few of them have the potential to provide defense and security threats in Indonesia, for example, conducts intelligence operations by foreign countries.

2. Counter-terrorism
Immigration into the first door to the possibility of entry filtration to people suspected of having ties / capabilities by radical groups in Indonesia. Therefore, the immigration should be strengthened to support information technology and networks internationally with immigration in other countries.

3. Illegal immigrants

Illegal immigration problem is a ticking time bomb for Indonesia and should be treated early. As you know, Indonesia is one of the countries 'transit' favorite for some asylum seekers / illegal immigrants before they reach the destination country. The problem is, the current government seemed to turn a blind eye to the fact that Indonesia is slowly used as the 'reservoir' by the destination country. This can be seen from the weak to the immigration counter to the current in the conduct of illegal immigrants from the countries 'transit' before (Malaysia / Thailand) is mostly done through the territorial sea.

4. Illegal migrants issue
TKI problem is a classic problem that until now there has never been a positive solution. For those who keep the 'exit' of this country, the immigration should be more pro-active action to address the problem of illegal migrant workers.

National Strategic Issues

Besides some of the problems above, the main problem is still a part of immigration is the fact that until recently the government has yet to optimize the strategic value of immigration for defense and security of Indonesia. Is something ironic when geographically Indonesia has thousands of islands and hundreds of kilometers of sea and land area, but the government has not been able to control the flow of traffic through the cracks.

Is greater, must be noted that the government still sees the modern border management such as airports, seaports or land terminal as something that is handled separately by various agencies such as immigration, customs, police, quarantine, etc.. In fact, in some developed countries like in Europe, modern border region has been integrated in one system that includes CIQS (Custom, Immigration, and Security Quarantinne).

The fourth element is then used in an integrated way to ensure both the security of the state (state security) example of the threat of terrorism and human security (human security) example of the threat of endemic diseases such as bird flu. Thus, issues such as terrorism, illegal immigration, the threat of endemic and other diseases can be detected and prevented

Building a Better Indonesia Intelligence

Building a Better Indonesia Intelligence

By David Raja Marpaung

As the intelligence agencies, at least there are three main tasks to be done, namely the function of investigation, raising functions, and security functions. Various views and opinions of increasingly loud sounds in the media since the reform era. But unfortunately, many more negative opinions or views of the developing world, compared to positive issues outstanding. 

This is not apart from the involvement of individual members and BIN (National Inteligence Agency) officials in some cases the law, especially its links with human rights activist Munir's death, BIN face protective equipment and should be an antidote to internal and external threats, turned into a figure which is an extension of the ruler; in this government. BIN and often can not be separated from co-optation of government officials. The main functions and tasks of the actual BIN related with the problem of terrorism or threats of domestic and overseas that could endanger national stability. So a strange thing, if all the problems that occur in this country becomes BIN responsibility.


Understanding the Function of Intelligence

         BIN is actually not as intelligence agencies that wrong or useless, but  its job and qualification depens on to the user which is the President as Head of Government. Based on empirical facts, wherever in this world that the country's powerful intelligence will be strong. America has the CIA (Central Intelligence Agency) is very popular in the cold war era up to now, while Russia has a very famous KGB foreign intelligence and expert in counter-intelligence. Mossad also stunned the world are very good at treating the conflict in the Middle East, so that the Arab countries look helpless against a small country like Israel.


From the example above shows that the role of intelligence was really important when used purely for the sake of the safety of the state. So that the authority of the investigation, raising, and security, and so is an essential function that must be possessed to be able to carry out intelligence work


Intelligence agencies will be crippled if one of its functions is cut or not running optimally. For example, if the intelligence is only authorized investigation, the BIN is like a toothless tiger, or Sukhoi without missiles. Functions of investigation can be done even better by the media or the social and political researcher. So it should be understood that the activity consists of Investigation Intelligence, Raising, and security, so that all three activities that must be attached to your body and the new Intelligence could carry out the task

One case that can be taken is how to deal with terrorist groups in Indonesia. For example  on results of the investigation there is information that a group of terrorist activities and plotting to blow up the bomb. Having no known information and activities, but they are not directly captured into the first agent infiltrated the group to perform in depth and with affect are made, the next activity in the final stage to implement the task of security activities that make an arrest. And when it secured later in the interrogation and sufficient appropriate evidence of new criminal acts submitted to the Police for further processing and forwarded to the Court.

Weak Intelligence Agency in the Reformation era as allowing the emergence of terrorist groups that conduct terror bombings, suicide bombings, bomb the book, and so forth. It is actually not one of intelligence, but which one is the user should the people who use it.Just as the knife at home ladder to cut up tomatoes and onions and so forth, but when used to kill people, "then we should not blame the knife is not the case," that one is not the knife but the wrong people who use it ".


Reliable intelligence


BIN should practice his professional and reliable personnel and adequate equipment, and have the ability to tackle terrorism and other threats against the Homeland.However, despite the strength of BIN personnel, the state must provide an environment mempu a good atmosphere, so that members are not shy or hesitant to do intelligence work.


The success is also supported by the existence of intelligence Intelligence Act which protects intelligence tasks. But now that the Intelligence Act enacted last year is in the process of judicial review in the Constitutional Court. Second, is the leadership factor. Leadership, should be in dealing with legal cases related to each BIN there leader who dare to take responsibility and risks, and not sacrifice men. The third, quality of management and human resources. However great the personnel, but if not properly set and the ability to be improved will be in vain. Fourth, facilities and infrastructure and systems of work, both concepts are closely related to the support level of effectiveness and success in the field of intelligence operations.Fifth, the special authority. With the existence of a special authority, the BIN can move more freely and accelerated well. Even this special authority. should have the support of the legislature and the public. Sixth, the budget factor and its use. One of the major factors fall collapse of the KGB in the 1990s is a remarkable corruption and improper use of the budget, so the state can no longer finance intelligence. During this budget BIN get sizable donations from the government, but its use is expected to be effective and efficient

Redesign Papua Conflict Resolution

Redesign Papua Conflict Resolution
By David Raja Marpaung

Understanding the roots of conflict in Papua• Papua problem has become tangled konfik cycle for few decades in Indonesia, therefore there is no cheap and easy way , except for the hard work of the 'sweating' and a higher risk of all parties.

 • Based on the results of studies that have been made TIM LIPI in Papua Road Map can be concluded that the sources of Papua konfik can be grouped into four main issues, namely, first, marginalization and discrimination experienced by indigenous Papuans as a result of economic development, cultural policy and the mass migration in Papua since 1970 until today. The second problem is the failure of development and it is necessary for such a new paradigm of development in Papua. The third problem is the contradiction of understanding the history of integration and the construction of political identities between Papua and Jakarta. The fourth problem is the experience of a long history of political violence in Papua, especially those committed by state actors against Indonesian citizens in Papua.Reflecting on the mapping of the root causes of conflict in Papua, then at least there is some conflict mitigation solutions that can be offered to the 

A. Short-Term SolutionIn the short term period, there are two things to get attention of the stakeholders in the conflict in Papua.

Phase 1. Desecuritization Papua Conflict• It should be noted that desekuritisasi not mean a total reduction of security forces in Papua. However, desekuritisasi security approach is a model more in line with the principles of democracy and peaceful conflict resolution. Associated with the TNI desecuritization covers the main aspects. First, each placement (deployment) military personnel in Papua have to go through a political decision between the government and the House of Representatives or in accordance with military law mandated mechanisms. It is important to avoid the occurrence of behavioral / illegal operation. Second, the placement of military personnel in Papua should be measured both the quantity, quality, duration and target its operations so that the people of Indonesia as a whole can monitor the performance of TNI in Papua. Then, thirdly, the military should be used wherever possible approaches to non-violence (more persuasive than repressive) in Papua. It is very important, considering the face of 'Indonesia' in Papua is often recognized only to the extent of violence forces rather than as an entity that protects all the people of Papua.

• In relation to law enforcement (police) then they should immediately evaluate the security policies in Papua. Often, law enforcement officers acted in accordance with its identity as the state apparatus, especially in the context of the interests of foreign corporations in Papua. As a result, it is not surprising when there are still people who think that the Papua law enforcement in Indonesia is a form of 'colonization' of the land of Papua is not 'The Indonesia's' sense of justice because they are injured. Discriminatory practices by the authorities should be evaluated by the government because it will further aggravate the face of 'Indonesia' in Papua

• In addition, the Government may use the instrument of internal control in monitoring the performance of state officials in Papua, for example by placing a representative / office of National Human Rights Commission, Ombudsman, Kompolnas, Agency in Papua; It can be effective as a state institution in charge of giving a correction to other state agencies as well as provide security for the people of Papua.

• Strategically, desekuritisasi will foster mutual trust both between governments and people of Papua that the conflict can be resolved without any suspicion by the dominance of the security approach. This then encourages the formation of the next stage.

Phase 2. Strengthen the dialogue as a discourse of conflict resolution• Both the government and the Papuan people must realize that dialogue is a model of conflict resolution that occupy the top priority. Government should be encouraged to realize that so far there has been marginalized politically, socially, economically and culturally to the people of Papua in the context of Indonesia's All. Meanwhile, the Papuan people should also realize that violence is not the only way to remind the government's negligence. Build this awareness is the key for both parties (government and people of Papua) to be able to sit together and discuss solutions to offer.• Discourse dialogue must gain legitimacy from both sides, rather than a party merely to avoid the politicization of the peace efforts of either party. 

B. Long-Term SolutionWhen desecuritization Papua conflict has been implemented and intensified dialogue discourse, then the next step was to conduct a dialogue that includes three stages: 

Phase 1. Identification of actors and issues in the dialogue• In the context of dialogue, identification of actors into the process early will determine the legitimacy of the dialogue. It is important to prevent any parties who feel excluded from conflict resolution and potentially disrupt the dialogue.• Identification of actors should carefully consider the issues to be discussed and the interest to be negotiated in the dialog.• In addition, it should also be noted that a representative of the location of the dialogue as an observer and mediator / party agenda to keep the dialogue remains consistent.

Phase 2. Importance of Reconciliation in Dialogue• The main purpose of dialogue is to build mutual trust between the actors in the conflict to want to talk about conflict resolution that can be agreed.• One of the key elements to build trust is through reconciliation.• Reconciliation requires a mutual understanding between the parties to the conflict that they are 'victims' of conflict with violence.• Therefore, efforts to resolve the conflict by force will only add to the victim in each of the parties without any constructive solution for the future of Papua.

Phase 3. Build understanding that dialogue is sustainability (continuity)• Dialogue is not how fast (instant) to resolve the conflict. However, the dialogue is how to manage conflict more dignified than the use of violence will only lead to losses on each side.• Model ways of thinking (mindset) like it should dominate every actor in dialogue in order not to return to violence in the event of a deadlock in negotiations. Expected when there is deadlock in the negotiations, each actor must hold back and re-scheduled dialogue with a clearer mind.Key Success Conflict Resolution in Papua• Resolution of conflict in Papua is not confined to the central government and the Papuan People alone, but the responsibility of the whole people of Indonesia. Here, the importance of strengthening the awareness of all the people of Indonesia that the identity of 'The Indonesia-ness' in Papua has been held hostage by violence in the conflict. Therefore, non-violent peace efforts to the conflict in Papua have to get the full support of all the people of Indonesia.• As a democratic country, then the ways of conflict resolution through violence in Indonesia is rightly not a priority. Instead, conflict resolution should be put in particular peaceful means through dialogue. Both the government and the groups involved in conflicts in Papua have to stop all acts of violence for any reason.Concluding Note• Settlement of the conflict in Papua is one of the major test for the Indonesian people to be able to resolve the conflict with dignity. In this context, at least Indonesia has had experience in resolving peacefully the conflict in Aceh.• Relies only on the government alone will not guarantee that problems can be resolved peacefully Papua. However, an even more important is to strengthen solidarity and solidity all elements of the Indonesian people to support and engage in real (concrete) in conflict resolution efforts of dignity to our brothers in Papua

Flight Information Region Issues Between Indonesia And Singapore

Flight  Information  Region Issues  

Between Indonesia And Singapore

By David Raja Marpaung S.IP M.Def

Identification of Problems

        Flight Information Region (FIR) is a division of airspace which aims to ensure flight safety and security established by countries belonging to the International Civil Aviation Organization (ICAO).FIR is required for flight operations and are based media space flight safety considerations.

In the FIR implementation has generated a lot of obstacles both in Indonesia and the implementation of civil aviation and law enforcement operations in the region around Tanjung Pinang and Natuna conducted by both the Air Defense Command nationwide as well as by the Navy to conduct Maritime Operations, for the control of air space exists at the Singapore Air Traffic Control (ATC Singapore). 

For example the flight path from Tanjung Pinang to Ranai or otherwise can not fly straight, so it will add to the air time that will also add another pesawatContoh operating costs for military aircraft that will perform the operation, air patrol and military exercises around Natuna Batam and Tanjung Pinang was often hampered due to the setting of air space by Singapore ATC is merely prelude to her own kepenti. It hurts our sense of nationalism.

FIR zoning often does not refer to the country's airspace sovereign so often in conflict with the sovereignty of a country. Basic Flight Information Region, the laws contained in Article 28 of the Chicago Convention in 1944 and 1944 Chicago Convention Annex 11, which reads, "undertakes, so far as it may find practicable, to Provide, in its territory, airports, radio services, meteorological services, navigation and other water water facilities to facilitate international navigation, in accordance with the standards and practices recommended or established from time to time, pursuant to this Convention ".

However according to Annex 11, Indonesia may delegate scouting air traffic to the other country and it is also contained in Article 262 paragraph (1) point (a) and Law No. 1 Year 2009 on Aviation.Delegation does not reduce the sovereignty of the Republic of Indonesia. If Indonesia is considered to have capable, then the delegation is to be returned to Indonesia. Usually when a country has been unable to control its air space as has been experienced by Vietnam at the beginning of its independence, the ATC in the FIR airspace was taken over by the state of Thailand. With the same case with Indonesia, Vietnam is now taking over ATC in the FIR which was originally delegated to Thailand, which are required at the time of the Regional Air Navigation (RAN) Meeting in Bangkok

Singapore's current existence of FIR in accordance with the Agreement Between the Government of the Republic of Indonesia and the Government of the Republic of Singapore on the Realignment of the Boundary Between the Singapore Flight Information Region and the Jakarta Flight Information Region, dated 21 September 1995.H al principal contained in the agreement signed in 1995 are:

In Section 2 the agreement between Indonesia and Singapore which has been determined that the Indonesian delegate control of airspace in the Riau Islands Indonesia to Singapore (the Agreement between Indonesia and Singapore at the time it was just called the Natuna).

Agreement between Indonesia and Singapore are set to expire after five years from the signature, so the agreement on the delegation of Singapore FIR has ended on September 21, 2000. If the agreement had expired in 2000, then the laws of Singapore does not have the right to control the ATC in the Singapore FIR because it does not comply with the conditions set by ICAO, mainly in Annex 11.

Implications of the Singapore FIR

Mastery of the FIR by Seingapura Trafficc Air Control (air traffic control) then all aviation laws and regulations to follow rules made by the Singapore government. Therefore, the control of ATC by Singapore's national air sovereignty in the region, namely the Riau Islands has implications for Indonesia. The implications are as follows:

A. Violations of State Sovereignty in the Air

National Air Defense Command (Kohanudnas) through the unit under the command staffs Sector I (doormat I) has often captured the movement of foreign aircraft, especially military aircraft in the Riau Islands Singapore via Tanjung Pinang Unit 213 Radar and Radar Unit Natuna 212 aircraft movements without a Clearance light that should have become imperative if foreign aircraft flying in airspace Indonesia. This action is categorized as a black flight and an act of violation of national airspace. Airspace violations that occurred during 2008 in Kosekhanudnas 1 is 18 times and 15 times in 2009 (Data from Kosekhanudnas I, 2010)

B. Aspects of Air Defense weakness.

With limited land, sea and airspace at the same time, the control of ATC in Singapore is providing the opportunity and flexibility to Singapore to perform illegal acts such as intelligence activities, aerial photography and train pilots to carry out the exercise / training in Indonesian airspace. If this situation persists then the event of open conflict then Singapore will rely on speed and surprise.

C. Economic losses

The meaning of Article 6 of Republic Act Indonesi N0 1 in 2009

Flight of the very clearly states that the flight of foreign aircraft routes through Indonesia's national airspace must obtain permission from the government of Indonesia, and the government has the authority and responsibility to build a defense strategy and enhance the national economy by utilizing the air media.

In explanation of the article also mentioned that the airspace of the air space above the water and land of the Republic of Indonesia is a national treasure that must be harnessed for the magnitude for the benefit of the people, nation and state.

Indonesian Government Regulation No. 14 of 2000 on Tariffs on Non-Tax State Revenue applicable to the Department of Transportation made to optimize revenues to support the development of the country for the welfare of the people. From the economic aspect, the air space is definitely one of the sources of revenues other than oil and gas, as any flight over the territory of Indonesia subject to levy,

According to Tariff Section Chief of Air Transport Services Air Transport Directorate of the Ministry of Transportation: "The whole of Indonesia airspace by foreign aircraft crossed the international routes including the charges levied, except

A sector of the Singapore FIR are collected by the Singapore government and then submitted to the Government of Indonesia "

Restoring Sovereignty business

There has been some takeover attempts FIR has been delegated to Singapore. However, the problem when it is Government Regulation no. 38 of 2002 on the Register of Geographic Coordinates The base line of the dots Islands Indonesia has not been submitted to the Secretary-General.

Currently, government regulation has been revised and has been registered to the UN secretary general, so it needs to be taken steps to restructure the Singapore FIR are beneficial interest of Indonesia.

In case this is indeed unfortunate that, a new aviation law gives us a very long period of time is no later than 15 (fifteen) years to evaluate and eventually have been served by the institutions of national air navigation service providers.

But in the short term needs first proposed, the placement of Liasion Officer (LO) of ATS Kohanudnas in Singapore, and the need that there is a demand from Indonesia, Singapore ATS should give priority to civil and military aircraft conducting flight in Indonesia around the region.