House told to delay in debating TNI bill

House told to delay in debating TNI bill

The Jakarta Post, Jakarta

A military analyst and a legislator called on lawmakers on
Wednesday to delay the deliberation of the Indonesian Military
(TNI) bill, as the draft was flawed.

"It is not wise for the House to endorse the bill now. The
draft does not reflect a modern and professional military,"
Kusnanto Anggoro of the Centre for Strategic and International
Studies (CSIS) told The Jakarta Post.

The House of Representatives has allocated about a month to
deliberate the military bill, raising fears it would lead to a
flawed legislation.

Chairman of House Commission I on defense Ibrahim Ambong said
input from military analysts and retired military officials would
be heard before deliberation began on Aug. 24.

The commission expects to finish deliberation and endorse the
bill by Sept. 20.

Commission member Chatibul Umam Wiranu, however, suggested
that deliberation should not be rushed, so as to avoid producing
flawed legislation.

"If they cannot finish deliberating the bill, then it should
be passed on to the new legislators," said Chatibul.

New legislators elected on April 5 are to be sworn into office
on Oct. 1.

Kusnanto, who quit the legislative formulation team last year,
said the draft bill seemed an effort by the military to retain
its supremacy within the government.

"Articles 43 and 45 allow military officers to hold posts in
non-military institutions. Article 45 states that an officer
holding a non-military post should abide by the institution's
administrative regulations.

"However, Article 43 stipulates that supervision of officers
with positions outside the military will be conducted by the TNI
chief. It shows that the military is not ready (to allow its
officers to hold non-military positions)," he said.

Kusnanto also questioned the proposed retirement age of 58
years for military officers, compared to the current 55.

He criticized Article 18 on troop deployment and use of
military forces, both of which fall under presidential
jurisdiction.

"That is ridiculous, as if the drafters did not understand the
difference between deployment and use of military force.
Deployment is a presidential power, as it is a political
decision. However, the use of military force never falls under
presidential authority. It belongs to the TNI chief."

Separately, T. Hari Prihantono from non-governmental
organization ProPatria, which focuses on legal reform, said the
group had issued public criticism against Article 19 of the bill,
which authorizes the TNI chief to deploy troops in an emergency
without the president's consent.

Hari also criticized Articles 4 and 7: Article 4 states that
the TNI falls under presidential supervision in deploying troops,
while Article 7 states that the TNI has a duty to prevent any and
all threats against the nation's sovereignty, integrity and
security.

"Article 7 can be used by the TNI to quell any movement or
even the media if it considered the media a threat to security,"
Hari said.

TNI chief Gen. Endriartono Sutarto refused to comment on the
bill, except to say: "The government reviewed the bill and
submitted it to lawmakers for deliberation. The TNI was not
involved."