Jakarta – In a press statement issued by the Indonesian Human Rights Monitor (Imparsial), which was presented by Imparsial program director Rachland Nashidik on Friday September 13, [the organisation warned that] legalising the permanent role and powers of the Indonesian armed forces (TNI) in Law Number 15/2003 on the Elimination of Criminal Acts of Terrorism though an amendment is dangerous. This legalisation will actually give a legal basis in the form of law to the TNI to be autonomous from civilian political authority in matters of law and security.

Several days ago, the Minister of Justice and Human Rights, Yusril Ihza Mahendra, stated that the legalisation of the role and powers of the TNI to work together with legal/security agencies to tackle the danger of terrorism will be regulated under Law Number 15/2003.

In relation to this, Imparsial urged the minister to clarify the aim and direction of this new policy. This policy is dangerous because it will permanently legalise the role and powers of the TNI in matters of law and security.

Based on Law Number 3/2003 on National Defense, the president has the full political authority to decide on policies regarding the TNI, including in decisions to mobilise TNI forces to confront the threat of an armed force.

According to Imparsial, permanently legalising the role and powers of the TNI in matters of law and security through Law Number 15/2003, will actually provide a legal basis in the form of law for the TNI to be autonomous from civilian political authority in matters of law and security. “Therefore this will negate the authority which is [presently] held by the president and the DPR [People’s Representative Assembly] over the military”, said Rachland.

The minister’s reasons [for proposing the policy] is that terrorism is an external threat – and because of this the TNI, as the instrument of national defense, has the authority to deal with it – none of this can be accepted [said Rachland]. The initiative to provide a permanent role and powers to the military in matters of law and security represents an improvisation which threatens the fundamental strength of democratic life.

Negating civil authority

The Executive Director of Imparsial, Munir, said that giving permanent powers to the TNI to tackle terrorism will in fact add to the types of routine assignments TNI has as an organisation.

In reality, giving an assignment of a routine nature which is outside of the immediate routine tasks of defense should only be done in the form of a political decision by the president which is of a non-permanent character. So, outside of the routine tasks of defense, all assignments given to the TNI should be of an ad hoc character only with limited aims. That is what is regulated under the law on national defense.

The idea of including the TNI in the anti-terrorist law is a idea which will negate the position of civilian political authority in making an evaluation of and deciding when the TNI will be used.

“So, all of the political decision making which was previously in the hands president will be sidelined if the TNI is involved in tackling terrorism. The TNI will be given permanent powers though the process [of amending] this law”, said Munir. (LOK)

[Translated by James Balowski.]