What Law is Used by BIN?

Public Hearing Meeting (RDPU) Committee I DPD discussed the National Security Bill. Led by Prof., Dr. Farouk Muhammad (DPD Senator of West Nusa Tenggara) with keynote speakers Dr. Iza Fadri (Vice Chairman Kababinkum) and Soleman B Ponto (Vice-Admiral of the Navy and also served as Head of Strategic Intelligence) and 3 the senators of DPD RI in the Meeting Room of Committee III Building B DPD, Senayan, Jakarta, Wednesday (06/15/11 ).

Iza Fadri said that this National Security Bill is expected to integrate institution into an effective institution, the bill should not contradict with other laws. This law must be consistent to the conspiracy of the legislation as a conspiracy so that it will not overlap which it will not become an effective regulation. The government wants to create a legal norm that replaces the New Order Law which is known internationally as the internal security act but it did not go well.

Soleman B Ponto added that there are still wrong rules, the commander should deal directly with the intelligence but now the intelligence does not deal directly with the commander which makes a wrong coordination rules on the Intelligence. BIN has no commander or supervisor, if there is any assignment, who is being assigned. Therefore, who is responsible at the State Intelligence Agency, there are numerous “incidents” and there is always the scapegoat. If the BIN has Laws then the BIN is its own entity, but the Law on BIN is still unclear until now.

According to Soleman, the meaning of National Security Bill or State Security Bill, the word National in English means nation, a nation is a collection of humans or people, so the meaning of National is a group of people or humans. Therefore, the meaning of National Security is the People’s Security or human security, it can also be interpreted as safe from disease, safe from criminal actions, safe from human rights violations, etc. Thus, the word ‘National’ is more narrow but the word ‘State’ has a broader scope, since from the word ‘Security State,’ the ‘State’ consisted of the government in power, territory and when added the word ‘security’ therefore it means the security of the ruling government.

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