REPUBLIKA.CO.ID, By : Nunun Wahyuni *)
Sometimes a surprise and unpredictably terrorist action took place in Jakarta, such as the suicide bombing on MH Thamrin Street in front of Sarinah Super Market last month. After those actions, some of pressure group was judged that BIN as the State Intelligent was again considered as too late in predicting this attack. However, Lieut Gen Sutiyoso Chief of BIN rejected the accusation. He said his office has reminded the security apparatus that the terrorist is preparing to attack Jakarta with bombing and shooting, though his office could not predict when it will take place.
He said that his office has identified a group of individuals strongly suspected as terrorist element but BIN’s members could do nothing. BIN’s members had no right to catch those persons because his office has no right to catch some one. When his office was informing the police those people had disappeared and the chance to catch them had gone.
Lieut Gen Sutiyoso was complaining and appealing the House of Representative and the Government to revise the existing Law on terrorism. The main points he suggested to be revised is the right of BIN agent to hack the telephone conversation and to catch somebody who is strongly believed as terrorist element, without any legal fact before.
The complaints and the appeal of Lieut Gen Sutiyoso is reasonable, however not any response given by the House of Representative. The appeal of Lieut Gen Sutiyoso to revise Law on Terrorism is unlikely responded by both The House of Representative and also the Government. Not any official comment has been made by the House of Representative and also by the Minister on Law and Human right.
The essence of Sutiyoso’s appeal is the right of BIN to catch somebody who is strongly believed as terrorist member’s or terrorist supporter’s aren’t in context criminal justice system, but these idea is aimed for BIN apparatus could be explored more deeply in terrorist cell’s and absolutely BIN’s information gathering should be reported to single user, The President of Republic of Indonesia and also to police apparatus.
It is likely the appeal of Lieut Gen Sutiyoso to revise Law on Terrorism is rejected; most politicians are of the opinion BIN is not an organization that should have the right to arrest somebody suspected as terrorist element. BIN is the Institution which has the responsible to collect information without having the right as Police.
Everybody should realize that terrorist threat and radicalism are eminent challenge to the nation. Accordingly the appeal of Chief of BIN Lieut Gen Sutiyoso to have the right to catch somebody seriously believed as terrorist element could be likely substituted by the establishment of a Special Intelligent Unit, working under the command and control by Chief of BIN.
Special Intelligent Unit is a group of TNI and Police members who are credible for Police mission. Special Intelligent Unit is founded based on Presidential Decree. Being a democratic country legal process of someone detained by the Police should be applied in accordingly.
*) The writer is an intelligent observer. Graduated from University of Indonesia (UI)