Party leaders back bill that empowers TNI

M. Taufiqurrahman, The Jakarta Post, Jakarta

Leaders of two political parties have thrown their weight behind a controversial bill giving the Indonesian Military (TNI) greater power in deploying personnel to conflict-torn areas.

Chairman of the Golkar Party Akbar Tandjung and chairman of the National Mandate Party (PAN) Amien Rais said on Saturday that it was reasonable for the military to take extra-constitutional measures in the event of an emergency.

Golkar is the second biggest faction in the House of Representatives (DPR), while PAN is the fifth largest.

Giving greater power back to the military to take extra- constitutional measures in a state of emergency was justifiable, if it was aimed at maintaining the country's unity, said Akbar, who is also House Speaker.

"When immediate action is needed to restore order in some areas, but at the same time, there is no way to get direct approval from the president, the military has the right to deploy its personnel," Akbar said after a meeting for the party's top brass here on Saturday.

Akbar, who was found guilty of corruption and sentenced to three years in jail by the Central Jakarta District Court for his role in a scandal involving the National Logistics Agency (Bulog), was referring to Article 19 of the military bill. The article authorizes the TNI commander to deploy troops to strife- torn regions without the prior approval of the president.

Amien, who is also chairman of the People's Consultative Assembly (MPR), the country's highest legislative assembly, defended the article, saying the military leadership needed such authority.

"The TNI commander needs the power to deploy troops to protect the state from a sudden threat without having first to ask for the president's approval," Amien was quoted by Antara as saying in Yogyakarta on Saturday.

Amien, who was once a strong critic of the powerful military, said that it was an exaggeration to say that such power would tempt the military to seize power for itself.

Amien defended the military by saying that it would not have the courage to stage a coup d'etat, as the people would rise up against such a move.

"The fear of the possibility of a military comeback proves that many of us are still traumatized by past experiences," Amien said.

TNI, Amien said, would not misuse its might, as it was fully aware that its origins lay with the people.

The bill, which was drafted by the military-dominated Ministry of Defense, is now with State Secretary Bambang Kesowo for President Megawati Soekarnoputri to sign before it is submitted to the House for deliberation.

The bill, if approved, will contradict the amended 1945 Constitution, which stipulates that the president, in his or her capacity as TNI Supreme Commander, has the sole authority to declare war and order a military deployment to a war zone.

The Constitution, which MPR members amended during Amien's tenure as chairman, also states that the president also has the power to impose curfews in troubled areas after obtaining approval from the House.

The bill also runs contrary to Law No. 3/2002 on state defense, which clearly states that the president has the authority and responsibility to deploy TNI personnel, after securing approval from the House.

Strong opposition has also come from analysts, who cautioned that the bill provided room for TNI to make a comeback onto the country's political stage.

The widespread opposition stems from the New Order era, when the powerful military unswervingly supported former president Soeharto's repressive regime for more than three decades. Their dominating political role, however, ended with Soeharto's forced resignation in May 1998.

MPR members had also agreed to end the military's presence in the assembly in 2004.