Defense ministry prepares draft to amend TNI laws
Tiarma Siboro, The Jakarta Post, Jakarta
The Ministry of Defense is drafting a review of Defense Law No. 3/2002 and Indonesian Military (TNI) Law No. 34/2004 aimed at eliminating the intervention of the House of Representatives in the appointment of TNI commander.
Minister of Defense Juwono Sudarsono said on Thursday that the amendment would also affect several articles in laws that enable the President to exercise his/her powers as TNI supreme commander.
"The planned amendment is expected to eliminate the pivotal role played by lawmakers in the appointment of TNI chief, so that the president no longer has to seek approval in the process," Juwono told reporters on the sidelines of a meeting with the Chinese Ambassador to Indonesia Lu Shu Min, who handed over aid amounting to US$300,000 for tsunami survivors in Aceh province.
Under the draft amendment, lawmakers can only present their opinion to the President in the matter of the appointment of TNI commander, but the President is not bound to follow their opinion, Juwono said.
The planned amendment will also put the TNI chief under the defense minister, a radical change from the current status of the TNI commander who answers to the president.
The amendment plan comes on the heels of a debate between President Susilo Bambang Yudhoyono and lawmakers over the replacement of TNI chief Gen. Endriartono Sutarto, which many thought had opened up opportunities for both sides to gain from the change of guard in the armed forces.
Based on the current defense law, the House has the right to scrutinize candidates for TNI chief who have been proposed by the president. The President can only appoint a TNI chief with the House's endorsement.
The Constitution states that the appointment of TNI and National Police chiefs is the President's prerogative.
Lawmakers are also granted the same right in the appointment of National Police chief in accordance with Law No. 2/2002 on National Police.
"Through the amendment, we'll try to avoid what's termed as legislative control over the president's prerogative," Juwono stated.
The ministry is also discussing the mechanisms and timeframe for the repositioning of the TNI chief.
"Let experts and TNI headquarters sit together with us (the ministry) to share views over this issue," Juwono said in response to an idea to put the TNI under the ministry's supervision and the National Police under the Ministry of Home Affairs.
Military analyst T. Hari Prihantono from the ministry's think- tank Pro Patria supported Juwono's plan.
"The amendment to the defense law is required considering the circumstances when the Law was being drawn up," he said, citing the post-New Order euphoria among politicians, who at that time were eager to seize political control over the military and national police from the president.
Hari said the race for control over the TNI and police force had accelerated the fall of former President Abdurrahman Wahid ("Gus Dur") in 2001, who was impeached by the People's Consultative Assembly after he replaced National Police chief Gen. Surojo Bimantoro with his deputy Lt. Gen. Chairuddin Ismail.
"Based on the amended 1945 Constitution, the appointment of TNI and National Police chiefs is the President's prerogative," Hari told The Jakarta Post.