Coalition: Kabais Resignation a Manoeuvre to Save the Mastermind Behind the Acid Attack

Civil society organisation Imparsial has stated that the resignation of Lieutenant General Yudi Abrimantyo from his position as Head of the Strategic Intelligence Agency (Kabais) of the Indonesian National Armed Forces (TNI) is a manoeuvre to save the intellectual actor behind the planned attempted murder of KontraS activist Andrie Yunus using acid. Imparsial Director Ardi Manto Adiputra suspects that the TNI is washing its hands to dampen public unrest regarding the acid attack case allegedly involving BAIS members. “We are also concerned that this step is a manoeuvre to save the intellectual actor in that case,” Ardi said when confirmed via written message on Thursday (26/3). By quickly replacing the leadership without clarity on legal status, Ardi said, it creates the impression that the TNI has taken firm action. Ardi said this pattern appears as a strategy to break the chain of accountability at the top level. “The legal process will then only stop at the field perpetrators (executors), while the command structure above is ‘secured’ through job mutations, so it is clear that the intellectual actor behind the attack on Andrie Yunus will never be touched by the law,” he stated. Ardi warned that handing over the Kabais position without an official transparent explanation has the potential to create wild speculation in society. “Is this dismissal a proactive investigation step due to indications of direct involvement of the person concerned in the case? Or is it merely an administrative mutation due to the negligence of the person concerned in supervisory functions (command responsibility) towards subordinates?” he said. “Without public accountability, this step appears ambiguous and instead obscures the real substance of the problem,” Ardi added. Ardi assessed that this situation further strengthens the notion that military institutions remain a ‘law-proof zone’ for elite officials within them. In addition, this situation will also raise public scepticism towards the TNI’s internal commitment to moral and disciplinary improvements for its soldiers. “The practice of impunity for the intellectual perpetrators of the attack on Andrie will have a bad impact on the democratic climate in Indonesia more broadly because it involves intelligence elements in directly attacking human rights and democracy activists,” he said. “If this case is not resolved transparently, it will send a message that violence against critics is tolerable and will chain-wise create fear for civil society to participate in overseeing government operations. Or is this indeed a scenario being run by the state?” he said. Reform, not Revitalisation The Coalition for Civil Society Reform in the Security Sector has criticised the TNI revitalisation plan as stated by TNI Information Centre Head Major General Aulia Dwi Nasurlah in a press conference on Wednesday (25/3) night. The revitalisation agenda is said to include firm action against TNI members who violate the law, firm legal sanctions, and punishment through military court mechanisms, among others. The coalition views this revitalisation agenda as unclear in intent and purpose. According to the coalition, the revitalisation agenda by punishing military members involved in general criminal acts through military courts is not an answer for victims, but a form of impunity continuously maintained by the state. “This revitalisation agenda is actually contrary to the TNI reform agenda in the TNI Law which mandates the importance of reforming military justice so that military members involved in general criminal acts can be tried in general courts,” said coalition representative M. Isnur in a written statement on Thursday (26/3). Isnur said that in a rule of law state, all citizens must be treated equally before the law as affirmed by the Constitution. The punishment process for every citizen who commits a crime must be treated the same by looking at the type of crime, not the subject of the perpetrator. Whether the president, ministers, DPR members, police, military, and other civil society must submit to general courts if they commit crimes. In that context, Isnur clarified, the disclosure of the Andrie Yunus case must go through general courts, not military courts or ad hoc courts. “In a rule of law state, there must be no citizens or groups that are privileged in their trials compared to other citizens. Everyone must submit to general courts if involved in general criminal acts. MPR Decree No. VI and VII of 2000 as well as TNI Law Article 65 clearly state that military members involved in general criminal acts must be tried in general courts,” Isnur emphasised. The coalition views the revitalisation agenda by dismissing the BAIS Head as insufficient and not an answer for victim justice. It does not show that the TNI is accountable and transparent. The coalition believes that TNI soldier accountability can only be seen if the resolution of crimes in the Andrie case is carried out through general courts. “More than that, we urge that the change agenda within the TNI (TNI reform) should be directed at the strategic intelligence reform agenda,” he revealed. Isnur explained that the TNI BAIS has often misused its authority, such as alleged involvement in last August’s riots and the Andrie Yunus case. The involvement of BAIS in the Andrie case is completely unjustifiable under any pretext or reason. “In a democratic state, criticism, input, and differences are important for democratic life and not a national security threat that needs to be monitored or terrorised by BAIS,” said Isnur. “Therefore, BAIS reform is urgent, namely that the strategic intelligence task is only to face strategic issues from outside the country that threaten national sovereignty, such as possible threats of war with other countries. BAIS must not and cannot operate in