Bills place TNI, National Police under ministers

Bills place TNI, National Police under ministers

Tiarma Siboro, Jakarta

The Ministry of Defense has finalized the first drafts on the
revision of legislation on security and defense, which aim, among
other things, to help create more professional military and
police forces.

Under the proposed changes to Law No. 3/2002 on defense and
Law No. 32/2004 on the military, the Indonesian Military (TNI)
will be put under the Ministry of Defense instead of under the
direct supervision of the President.

Meanwhile, the National Police will be put under the Ministry
of Home Affairs, according to the draft on the revision of Law
No. 2/2002 on the National Police.

Consequently, TNI and National Police chiefs will no longer be
directly involved in policy decision-making because, "as part of
defense and security apparatus, they are merely obliged to follow
policy, instead of make policy," said a member of the team
responsible for the drafting of the new legislation.

"This move is to prevent the involvement of both National
Police chief and TNI chief in practical politics as their
presence at Cabinet or other ministerial-level meetings are no
longer required," the team member, who requested anonymity, told
The Jakarta Post.

For years, critics have campaigned for massive internal reform
within the TNI and the National Police to create more
professional soldiers and police officers, which is seen as
essential to better protect the archipelago and ensure law and
order. One of the suggestions is to ban the military leadership
from becoming involved in practical politics.

"The revision is also aimed at simplifying the chain of
command between the two ministries, which are mandated to define
policies on defense and security issues and the TNI, and on the
police," the team said in explanatory notes on the draft.

The proposed amendments will also ban lawmakers from
intervening in a president's prerogative to appoint a National
Police chief and a TNI chief.

According to prevailing laws, the President can appoint and
dismiss TNI and police chiefs only after obtaining approval from
lawmakers. Under the proposed changes to the law on defense, the
president can appoint and dismiss a police chief after taking
into account the considerations of lawmakers.

Minister of Defense Juwono Sudarsono has said the proposed
amendment would enable the president to exercise his or her
executive right as the TNI supreme commander.

Meanwhile, the team member said that the Ministry of Defense
still wanted to discuss the proposed changes to the law on the
National Police with the Ministry of Home Affairs.

He said the team had decided to also amend the law on the
National Police because "the legislation is considered one
package".

According to the proposed amendment, heads of regional police
departments will be answerable to the Minister of Home Affairs
and their respective heads of regional governments. Under the
current law, heads of regional police answer to their immediate
superior.