Fri, 10 Dec 2004

Bill on mandatory military service and modern defence

T. Hari Prihatono, Jakarta

The House of Representatives is currently deliberating a controversial defense bill that if passed into law would require all Indonesian citizens between the ages of 18 and 45 to join the military reserves.

This bill, along with another defense bill, is part of the implementation of Law No. 3/2002 on state defenses. The Ministry of Defense was scheduled to discuss the controversial bill with House Commission I on Tuesday.

For many scholars and non-governmental organizations like the ProPatria Working Group, this bill is not new. About two years ago, ProPatria was asked to provide input on the preliminary draft of the bill. So, this article is meant to refresh the memories of the parties that will be involved in deliberating the bill.

A state defense system always confronts problems with policymaking in relation to territory, sovereignty and population. However, present developments in the strategic and international environments have led to shifts in the definition or interpretation of the form and nature of the threats to our territory, sovereignty and population.

Given the great complexity of these problems, a challenging question is how we should defend our territorial sovereignty. The answer to this question will determine the instruments and management system to be used in our defense system.

Given the present state of the country, developing a defense system that provides ample room to develop a reserve force is a viable option. Such a reserve force would have to be deployed for any contingency requiring massive the reinforcement of military power.

However, the problem lies in how to ensure the allocation and utilization of such a reserve force would be effective and efficient. In this context, it would be important to develop a strong and acceptable rationale for the establishment of the military reserves, as well as considering the implications of the reserves for the current force structure.

This rationale would have to be based on an analysis of the needs and threats Indonesia could face in the future. The formation of the reserves should not be done hastily before the country has a comprehensive defense strategy. The huge financial consequences of the recruitment of more personnel must also be studied. Another question that must be answered is how can the government impose such mandatory service while the country is dealing with such a huge unemployment problem.

In this context, any discussion on the establishment of the reserves would run up against a big problem: There has not been a thorough assessment of the capacity of the main military components to deal with the real threats that Indonesia is facing and will face.

Another question that must be examined is: Do we really need the reserves or should we just maximize the main components of our security force, the Indonesian Military (TNI)?

Following the process of the bill from its initial draft in November 2002 to its final draft in February this year, it is easy to come to the conclusion that, first of all, the bill was drafted as if Indonesia was facing an "urgent situation" that the TNI did not have the capability to deal with.

Second, the defense ministry has not made a real assessment of the real condition of the country's defense system.

Third, the establishment of the military reserves, as regulated in this bill (articles 2 and 29), is aimed at multiplying the power of the TNI and at beefing up the national defense system. This is contrary to Article 7 of Law No. 3/2002, which states that the reserves are meant only to support the main components of the country's defense system.

Given these problems, it is clear the two defense bills require deeper study, particularly concerning the projection/perception of the threats facing the country and what is needed to deal with these threats. The availability of national resources and the implication of the reserves on the force structure of the military might also need further study. Taking all these aspects into consideration will improve our understanding of the priorities of our defense policies now and in the future, and will help to strengthen our democracy.

In this context, state policies such as the establishment of military reserves must prioritize the principles of transparency and accountability. The establishment of a reserves force would require accurate calculations and could not be based solely on the government's wishes.

The writer is executive director of ProPatria.