Afif Noor
Universitas Islam Negeri Walisongo Semarang, Indonesia

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An Integrated Accountability Framework for Indonesian Intelligence Law: A Comparative-Doctrinal Analysis Achmat Shu’udin; Edy Lisdiyono; Edi Pranoto; Afif Noor
International Journal of Law and Society Vol 5 No 2 (2026): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v5i2.297

Abstract

Intelligence powers are indispensable to national security, yet their compatibility with democratic governance depends on clear legal mandates, effective institutional coordination, bounded operational authority, human-rights safeguards, and substantive oversight. This article examines whether Indonesia's Law No. 17 of 2011 on State Intelligence provides a sufficiently integrated legal architecture for regulating intelligence power, focusing on Articles 6, 9, 10, 30, and 32–33, and comparing their functions with relevant mechanisms in Malaysia, the United Kingdom, and the United States, using the ICCPR as an international normative benchmark. The study employs comparative doctrinal legal research, combining statutory, grammatical, systematic, conceptual, and functional comparative approaches. Findings show that Indonesian intelligence law contains the principal elements of democratic intelligence governance but distributes them across separate provisions and institutions: Article 6 establishes mandate accountability; Article 9 and related provisions establish coordination accountability; Article 10 establishes operational accountability; Article 30 provides a basis for rights-based accountability; and Articles 32–33 establish procedural safeguards for specified intrusive powers, complemented by reporting and oversight mechanisms. Comparative analysis reveals a recurring functional pattern that links defined mandates, accountable coordination, authorisation, rights-based limitations, substantive oversight, review, remedies, and reporting. The study is limited by its doctrinal and comparative design and its reliance on legal materials rather than empirical observation of intelligence institutions. It implies that reform should strengthen legal connectivity among existing accountability mechanisms rather than merely expand institutional structures. Its originality lies in proposing a Comparative-Doctrinal Framework of Democratic Intelligence Accountability that integrates previously fragmented mandate, coordination, operational, human-rights, oversight, and institutional accountability into a single analytical architecture for Indonesian intelligence-law reform.