Bill drafters reject a return to power by TNI
Tiarma Siboro, The Jakarta Post, Jakarta
Civilian experts who helped draft the military bill have said they never proposed an article which would empower the armed forces at the expense of democracy.
Therefore, they insisted that the article be scrapped on the ground that it would pave the way for the military's return to the political arena.
Speaking at a joint press conference on Monday, Ikrar Nusa Bhakti from the Indonesian Institute of Sciences (LIPI), Rizal Sukma and Kusnanto Anggoro from the Centre for Strategic and International Studies (CSIS), and rights activist Munir said the Indonesian Military (TNI) had no reason to defend the article.
The controversial article, Article 19, authorizes the TNI commander to deploy troops during a state of emergency without prior approval from the president.
TNI has said such authority was badly needed to protect the country from chaos, but the experts challenged their argument.
"Efforts to curb social riots or to restore situation in the event of a natural disaster are not part of TNI's defense role.
"Even if there was an argument that the article is necessary to justify the military's preemptive action when the country is facing a sudden foreign attack, the article is not relevant because the military has already been tasked with such duties," the experts said in a joint statement.
Present at the press conference to support the civilian drafters, were, among others, noted lawyer Todung Mulya Lubis, Syamsuddin Harris from LIPI, Edi Prasetyono from CSIS, Chusnul Mariyah of the General Election Commission (KPU) and political analyst Fadjrul Falaakh of Yogyakarta-based Gadjah Mada University.
The team of four criticized an earlier remark by TNI Commander Gen. Endriartono Sutarto, who insisted on defending Article 19 of the bill. He promised TNI would "only exercise the power if the president, vice president or a triumvirate of the home minister, the foreign affairs and defense minister were not available."
The bill, if approved, will contradict various legislations in the country, including the amended 1945 Constitution, the 1959 Emergency Law and Law No. 3/2002 on state defense, which clearly stipulate that the president, as the Supreme Commander of the Indonesian military, has the sole authority and responsibility to deploy TNI troops after securing approval from the House of Representatives.
Kusnanto, Ikrar and Rizal were part of the government's civilian team involved in the drafting of the military bill, which began in April last year, but which they failed to complete due to several controversial articles.
Sources said that Article 19 had been inserted by the TNI team late in October last year, days after Army Chief Gen. Ryamizard Ryacudu said that the Bali bombings on Oct. 12, 2002 had happened "due to the TNI's weak territorial role".
The bill, drafted by the military-dominated Ministry of Defense, is now with State Secretary Bambang Kesowo for President Megawati Soekarnoputri to sign before it is submitted to the House for deliberation.
The article has sparked criticism because the military had abused its power during the 32-year New Order regime.
Despite the mounting objections, leaders of the country's major parties -- the Golkar Party and the National Mandate Party (PAN) -- have voiced support for the bill, arguing that it was reasonable for the military to take extra-constitutional measures in the event of an emergency.
Megawati's Indonesian Democratic Party of Struggle (PDI Perjuangan) responded to the polemic cautiously.
PDI Perjuangan deputy secretary Pramono Anung told The Jakarta Post that the party would respond to the issue, pending a clarification from TNI about the kind of emergency situation that could prompt it to take preemptive measures.