Ambaranie Nadia Kemala Movanita, Jakarta – Institute of Southeast Asian Studies (ISEAS) military observer Made Supriatma has highlighted the proposal for revisions to the TNI (Indonesian military) Law to allow TNI soldiers to conduct business activities.
According to Supriatma, manipulative arguments are being used which are allegedly aimed at removing Article 39 Letter c in the TNI Law. Based on this article, active soldiers are currently prohibited from being involved in business activities.
"Regarding the TNI being allowed to conduct business activities. The TNI's argument is that if a soldier's wife or family member conducts business, then the soldier will inevitably be involved in business. This is a very narrow view and tends to be manipulative in order to pass the revisions to Article 39 Letter c in the TNI Law", said Supriatma when sought for confirmation by Kompas.com on Saturday July 13.
According to Supriatma however, what needs to be examined is not this issue, but rather when a soldier uses their position in the TNI to conduct business.
"The problem isn't there. If you just open a small shop or stall owned by your wife or become an online taxi driver after working hours, that's not doing business. A soldier cannot be said to be conducting business just because they take their wife shopping or become an online taxi driver. They're not the owner of the business", explained Supriatma.
He then gave the example of a TNI soldier named First Sargent Sarijo selling sate kroyos (a kind of meat sate) in Imogiri, Yogyakarta, after working hours.
"Are they conducting business? Yes. But are they using their position as a soldier to do business? Obviously not. But what about a colonel who has 40 hectares of oil palm plantations?", continued Supriatma.
So he is of the view that if there is a proposal to revise Article 39 Letter c then what business a TNI soldier can and cannot do must be properly defined first.
Supriatma said that two things were aimed for in past reforms of the TNI.
First the TNI not being allowed to conduct business activities as an institution, either through military commands or foundations. Second, TNI soldiers not being allowed to use their positions for business activities.
"This also is actually often circumvented by designating other people as business owners, while the soldiers act as the financier", said Supriatma.
"Or they don't deposit the capital but their family members get shares." This is a grey area that must be clarified.
"Aside from this, perhaps there should be a limit so soldiers can conduct business if the value of their business turnover is equal to or less than 10 million rupiah per day", he added.
As reported earlier, the Head of the TNI's Legal Development Agency (Kababinkum) Admiral Kresno Buntoro said that the TNI Headquarters is proposing that soldiers be allowed to be involved in business activities.
Under the current TNI Law, the rule is that soldiers are prohibited from engaging in business activities as stated in Article 39 Letter c.
The TNI is proposing that this article be removed through revisions to the TNI Law that are currently being discussed by the House of Representatives (DPR).
"This may be controversial, but Sir, Madam, my wife has a small shop at home. If this [article] is applied, then I'll be punished", said Buntoro at an event titled Public Hearing on the TNI/Polri Bills organised by the Coordinating Ministry for Security, Politics and Legal Affairs at the Borobudur Hotel in Central Jakarta on Thursday July 11.
Buntoro said that if his wife owns a business, in this case opening a small shop, he cannot help but get involved in the business.
"Soldiers are prohibited from being involved in business activities. Like it or not, I'll get involved. Because I take her shopping and the like. Does this then exist?", said Buntoro.
"Therefore, we're suggesting it be got rid of", he added.
[Translated by James Balowski. The original title of the article was " TNI Usul Prajurit Boleh Berbisnis, Pengamat: Kalau Hanya Antar Istri Belanja untuk Warung, Bukan Bisnis".]
