Observer: It Is Right That BIN Is Directly Under The President

Coordinating Minister for Political, Legal and Security Affairs Mahfud MD (Photo: Public Relations of the Coordinating Ministry for Political and Security Affairs)

JAKARTA - Intelligence observer Stanislaus Riyanta assessed that the position of the State Intelligence Agency (BIN), which is now directly under the President, is appropriate, especially to accelerate the flow of intelligence information.

It is known that President Joko Widodo on July 2 signed Presidential Regulation Number 73 of 2020 concerning the Coordinating Ministry for Political, Legal and Security Affairs. Unlike the previous regulations, now BIN is no longer under the coordination of the Coordinating Ministry for Political, Legal and Security Affairs.

"Presidential Decree Number 73 of 2020 which places BIN directly under the president is appropriate. In accordance with the duties and nature of BIN and supports the spirit of bureaucratic efficiency," Stanislaus told reporters, Sunday, July 19.

Moreover, as an intelligence agency, BIN should directly report its work to the head of state. Mainly, if it is related to threats to state security. "The single client and end user of BIN is the President," he said.

The existence of the Presidential Regulation, Stanislaus said, has restored the function and structure of the intelligence agency. This is because so far the placement of BIN under the Coordinating Ministry for Political, Legal and Security Affairs is not quite right. Because, this is considered to extend the bureaucracy to deliver strategic and confidential products to the president.

He also assessed that Presidential Decree 73/2020 does not contradict Law Number 17 Year 2011 concerning State Intelligence. Because, in Article 27 it is stated, BIN as referred to in Article 9 letter a is under and responsible to the President.

"So Presidential Decree 73 of 2020 is in line with Law Number 17 with Law Number 17 of 2011, especially in Article 27," he said.

Although the position of BIN is directly under the President, the Coordinating Minister for Political, Legal and Security Affairs Mahfud MD said that he could still request intelligence information directly from the agency.

"Every minister can ask for intelligence information from BIN. As the Coordinating Minister for Political, Legal and Security Affairs, I always get information from the Head of Bin and often ask BIN to give explanations at Kemenko meetings," Mahfud was quoted as saying on his Twitter account @mohmahfudmd.

Many questions have come to me regarding Presidential Decree No. 73 of 2020 concerning the Coordinating Ministry for Political, Legal and Security Affairs. What was asked: First, why is BIN no longer under the coordination of the Coordinating Ministry for Political, Legal and Security Affairs ?; Second, why are there additional functions of the Political, Legal and Security Ministry? This is the explanation.

- Mahfud MD (@mohmahfudmd) July 18, 2020

Furthermore, the former Chief Justice of the Constitutional Court (MK) said that the reason BIN was directly under the President was because the information products they needed were needed directly without going through intermediaries.

"BIN is directly under the President because state intelligence products are more directly needed by the President," he said.

Previously, with the Presidential Regulation 73/2020, the Coordinating Minister for Political, Legal and Security Affairs now had the authority to coordinate the Ministry of Internal Affairs; Ministry of Foreign Affairs; Ministry of Defense; Ministry of Law and Human Rights; Ministry of Communication and Informatics; Ministry of Administrative and Bureaucratic Reform; Attorney General's Office; TNI; Police; and other agencies deemed necessary.