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.