Activists criticize revised bill on TNI

Activists criticize revised bill on TNI

Tiarma Siboro, Jakarta

Rights activists criticized on Tuesday the amended bill on the
Indonesian Military (TNI), saying it was a setback for democracy
because if enacted, it would retain the military's territorial
presence.

Munir of the National Commission on Missing Persons and
Victims of Violence (Kontras) said the bill limited presidential
jurisdiction over approving deployment for war and military
operations other than war, while it scrapped presidential
authority to approve deployment for other purposes, including
territorial security.

He was referring to Article 8(2) of the bill, which states
that the TNI has three key roles in maintaining state sovereignty
and integrity: launch war against the enemy, launch military
operations other than war and maintain territorial supervision.

"According to the appendix, the military is allowed
involvement in handling community conflicts and terrorist
threats, whereas such responsibilities should belong to the
police," Munir said.

He said Article 8(2) of the bill contradicted the People's
Consultative Assembly Decree No. VI/2001 on the separation of TNI
from the National Police and No. VII/2001 on the duties of police
and TNI.

The bill has incited much criticism since it was made public
last year, with analysts saying it authorized the TNI commander
to deploy military personnel in an emergency without seeking
presidential approval.

Analysts have also warned of a possible abuse of power by the
TNI commander if the contentious Article 19, which regulated
troop deployment, was not reviewed by the House of
Representatives.

They also said military reform would be threatened if Article
9 on the Army was maintained, as it based the military doctrine
and operational strategy on its territorial functions.

According to Munir, the government team assigned to amend the
bill had scrapped Article 19, but other, more controversial
articles had been retained in the amendment.

Article 45, for example, grants civilian posts -- including
Cabinet ministries and non-ministerial institutions -- to
servicemen with no obligation to resign from active service.

"The TNI leadership issued a policy (in 1999) asking
servicemen holding civilian posts to choose either to return to
active military service or take early retirement.

"At that time, several senior military officers holding
governorships tendered resignation letters to TNI headquarters,"
Munir recalled.

He also criticized the proposed Article 59, which reaffirmed
the existence of the military court authorized to grant impunity
to servicemen.

Meanwhile, Rachland Nashidik of local human rights watchdog
Impartial urged lawmakers to delay the bill's deliberation,
pending the installment of the new government.

The new president elected in the Sept. 20 run-off is to be
sworn in on Oct. 20.

"If lawmakers are ethical in regards their duties, they should
return the revised bill to the government and delay the
deliberation," he said.

House Commission I for defense affairs plans to begin
deliberations during the current recess, which ends on Aug. 14.