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Amendments to the TNI Law can destroy the reform

Amendments to the TNI Law can destroy the reform

 


The Indonesian Legal Aid Foundation (YLBHI) encourages the DPR to stop the proposed revision of the TNI Law, as it risks harming democracy and the TNI's reform efforts. Apart from this, it is hoped that President Joko Widodo will not send a presidential letter, so that the revision cannot be discussed with the House of Representatives and the government. Indeed, the decision regarding the continuation of discussions is now in the hands of the government, which has 60 days to send a presidential letter if it agrees to continue discussions on the bill with the DPR.

YLBHI Chairman Muhammad Isnur said that the government must analyze the substance of the TNI Bill accurately and thoroughly. The civil society coalition found articles that endanger Indonesia in the future, ranging from security to inter-institutional relations, human rights protection and democratic space.

Jokowi should think about what he is doing legacy, his legacy. If Jokowi ratifies and immediately sends a presidential decree (presidential letter -ed), it means that Jokowi has not properly considered aspects of the need for democratization in Indonesia. “Aspects that brought the TNI itself to the brink of destruction,” Isnur told VOA, Sunday (9/6).

A soldier jumps with a parachute while carrying a red and white flag during a parade commemorating the 74th anniversary of the TNI, Jakarta, Saturday, October 5, 2019. (Photo: AP/Tatan Syuflana)

A soldier jumps with a parachute while carrying a red and white flag during a parade commemorating the 74th anniversary of the TNI, Jakarta, Saturday, October 5, 2019. (Photo: AP/Tatan Syuflana)

However, he continued, if Jokowi continues to send a presidential decree of approval, then the former Solo mayor's commitment to democracy and the protection of human rights will be postponed. in question.

There are at least a number of problematic points in the revision of the TNI Law, including the question of extending the function of the TNI as a state tool in the field of defense and security of the state. This is seen as endangering democracy, as the military can be used to confront the community if it is seen as a threat to the state.

The increase in the number of civilian positions for active soldiers from 10 to 18 is seen by many as a weakening of the professionalism of the TNI, which should focus on military tasks. The new positions include Presidential Staff, Coordinating Ministry of Maritime Affairs and Investment, Attorney General's Office, Ministry of Maritime Affairs and Fisheries, Maritime Security Agency, Countermeasures Agency terrorism, disaster management agency and national border management agency.

Apart from this, another point that was also highlighted is the expansion and addition of types of military operations other than war, which increased to 19 from 14 previously. Another area of ​​concern has been the increase in the retirement age for soldiers from 58 to 60.

Indonesian Navy personnel queue to participate in the 74th TNI Day celebration at Halim Perdanakusuma Air Base in Jakarta, October 5, 2019. (Photo: REUTERS/Willy Kurniawan)

Indonesian Navy personnel queue to participate in the 74th TNI Day celebration at Halim Perdanakusuma Air Base in Jakarta, October 5, 2019. (Photo: REUTERS/Willy Kurniawan)

Many problematic articles

Jakarta Paramadina University security observer Al Araf said the draft revision of the TNI Law circulating among the public still contains problematic articles, especially regarding the placement of active soldiers in positions civilians. According to Al Araf, this opens the possibility of the ABRI returning to a dual function, as in the past when active soldiers held positions in ministries and other civilian positions.

This then becomes a problem in the context of the organizational structuring of TNI, because in reality the placement of this position will certainly have an impact on many things. Firstly, towards military professionals themselves, because military tasks are preparation for war, by being involved in civilian positions, the focus will change, Al Araf said.

For this reason, Al Araf said that TNI soldiers do not need to occupy civilian positions because the TNI's main task is to be a means of national defense.

He also criticized the extension of the retirement period of TNI members. He stressed the importance of considering the effectiveness of staff work among the elderly from physical, psychological and capacity perspectives. According to him, the increase in the retirement age could lead to an accumulation of personnel within the TNI if this is not balanced with organizational restructuring.

Meanwhile, TNI General Commander Agus Subiyanto stressed the importance of revising the TNI Law. He said changes to the law, including expanding the positions that can be held by active-duty soldiers, are necessary. Meanwhile, requests for soldiers to perform duties in the non-defense sector continue to pour in.

Currently, many ministries have MoUs with me, from the Minister of Health (Minister of Health), the Minister of Agriculture (Minister of Defense), KKP (Ministry of Maritime Affairs and Fisheries ) to state-owned enterprises. “There you can see that the ministry needs a TNI unit so that there is a position to carry out the ministry's tasks,” said the TNI Commander.

Celebration of the 74th TNI Day at Halim Perdanakusuma Air Base, Jakarta, October 5, 2019. (Photo: REUTERS/Willy Kurniawan)

Celebration of the 74th TNI Day at Halim Perdanakusuma Air Base, Jakarta, October 5, 2019. (Photo: REUTERS/Willy Kurniawan)

Agus Subiyanto added that non-defense tasks have long been carried out by TNI soldiers. He gave the example of soldiers who teach children in Papua, provide health services and respond to disasters. In fact, he continued, when the Ministry of Communication and Informatics built transmitting and receiving stations (BTS), soldiers were also needed as security forces.

He also stressed that the professionalism of the TNI would not diminish if it took on too many non-defense tasks. This, he added, was done only to help government programs.

Deputy Speaker of the House of Representatives Sufmi Dasco Ahmad said his institution has not yet received and is still waiting for the President's letter to discuss the revision of the TNI Law. [fw/ah]

Sources

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