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.