TNI Involvement in eradicating Terorism
President Susilo Bambang Yudhoyono re-instructed the TNI to involve in eradicating terrorism through maximizing the works of territorial command structure.
Normativelly, TNI involvement in eradicating terrorism has been regulated in TNI Bills no.34/2004 in terms of conducting non-war military operation duties. Nevertheles, we see that those regulation is insuificient and inadequate to explain the specified duties, functions and limitations for TNI in their involvement against terrorism.
Those weakness often generates arbitrary interpretation by the TNI field apparatus, for example there are several case that indicates TNI involvement for law enforcement by arresting suspected terrorist. Elsewhere, the absence of specific regulation creates a crosscutting function and responsibilities between TNI and Polri. Furthermore, the TNI involvement is conducted by activating the territorial command structure.
We see that territorial command involvement in eradicating terrorism is a stepback. Because, in pursuant to TNI bills, article 11, the government should limit the structure and responsibilities of the territorial command. Here, eradicating terrorism by involving territorial command begets more serious problem for the TNI reform process which perquisite the importance of restructuring territorial command.
We see that if the president involves TNI in eradicating terrorism efforts than the president supposed to create a presidential regulation which explained specification of duties, limitations and scope for TNI in dealing with terrorism.
Furthermore, TNI involvement in eradicating terrorism must be lied on the corridor of democracy and rechtstat principle. Therefore, it is important to remember, involvement of TNI should not and could not take over the role and function of the police. Moreover, measure taken towards terrorism act firstly and primary must be done by the police officials. Therefore, TNI involvement in terms of law enforcement could not be justified. Here, TNI involvement in nature is limited, proporsional with time frame, and used in certain condition.
Jakarta, 7 August 2009
Coalition for the Safety of Civil Society
KONTRAS - IMPARSIAL - INFID - ELSAM