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."