Refuse Returning to the New Order period:
TNI efforts to involve in the terrorism eradication through territorial command in Indonesia
TNI efforts to involve in eradicating terrorism by turning the TNI anti terror desk on from the level of headquarters, territorial command down to Babinsa in village and district level was a step back for proceeding the security sector reform that we had push together. Eventhough the chief of TNI stated that the TNI anti terror desk is a workgroup to enhance and optimize the works of Indonesian Police Force especially the Densus 88 in eradicating terrorism, it is feared that undesirable effects will emerge if it is not complemented with a clear framework.
Several undesirable effects are:
1.The Legal base in regards of TNI involvement was stated in the TNI Bills No.34/2004 that regulate non-war military operations includes eradicating terrorism action, but should be carried out based on the state political policy and decision. What is defined as state political policy and decision it includes involving the DPR that have the authority to make decision and policy beside the president (DPR approval) and have monitoring function towards the implementation of relevant policy that involves TNI in the measures against terrorism.
Attention also needed for other basis, which are the function and roles of state institution in deterring and solving terrorism action happened in Indonesia, especially after the bomb blast in JW Mariot and Ritz Carlton on 17 Juli 2009 ago, so there will be no duplication and crosscutting in execution, also needed coordination and involvement from other departments such as immigration, district attorney, social department apart from the police. TNI involvement in eradicating terrorism must put into account their main function and the duties of Indonesian Police in maintaining security, order and law enforcement. The role and functions will connected with the capabilities needed to solve terrorism act to be more efficient, effective and concise in division of works and should not hazing the main goal of TNI involvement in eradicating terrorism.
Therefore, if TNI’s Involvement in eradicating terrorism is unavoidable, thus we need a legitimation that will gave limitation in time and scope of work and also to measure the proporsionality of collaboration between TNI and Police and to have a clear set of rules. It is compulsory thus the TNI did not enter the sphere of law enforcement whereas the TNI are not capable of because TNI soldier is trained for battle. The biggest fear is likely intimidation, wrongfully arrest and torture conducted and also kidnapping is likely occurred as shown in previous history.
2. Beside of that, public are limited in accessing information regarding terrorism is a serious challenge if it is link to TNI involvement in eradicating terrorism. Like we all know, that TNI is an unaccountable institution, so far there are no responsibility taken regarding several violation of Human Rights done by TNI, such as Kidnapping, arbitrary killing, and other gross Human Rights violations as it was recognized by the president in his statement in front of Den 81(Gultor Kopassus). Therefore, the TNI should not given a broad space in eradicating terrorism. TNI involvement must be based on clear democracy rule of the game, Bills No.15/2003 on the eradication of terrorism crime act that puts the polie force as the main actors to deal with terrorism and TNI use of force executed to assist the police and started based on the reques from the Police or the President.
3. Terriorial areas and organization structures of terrorist deal with, is it necessary to use excessive operational force such as TNI, meanwhile what we spectate in Temanggung is a long lasting and fatal drama of arresting one terrorist suspect (that based on our network assumption was an extrajudicial killing), thus a clear guidance for the procedure is compulsory. TNI must be prepared to measured aspects of Human Rights, Psychology, and sociology of terror, social and historical formation thus could adapt with the social structure and dynamics of the society instead of dividing and begets fears in the society and disrupts the equality and plural spirit that was built.
4. Other fears is; TNI involvement through anti terror desk that is one of TNI duties of non war function could ignites abuse of power to control the society and regain military superiority over civilian or even to gain economical profits, because as we all know that reform in TNI institution both structural and cultural is still stalling.
To conclude, the matters is not in either or TNI can be involved in eradicating terrorism, but how to enforce democratic rule of game that is still improving in Indonesia. Therefore, the Civil Society network for Securiy sector reform calls the government, especially the TNI to have focus and priority to their institution task which is to maintain Republic of Indonesia’s unity from foreign threats and improving their profesionality. We also hoped that TNI have more attention in the agenda of promoting Human Rights.
Hereby we end our statement, solely to maintain TNI profesionality and let us continue the security sector reform that was stagnant for a while.
Jakarta, 27 August 2009
Jaringan Masyarakat Sipil Untuk Reformasi Sektor Kemanan
Civil Society Network for Security Sector Reform
(KontraS, IDSPS, Elsam, Perkumpulan Praxis, Federasi KontraS, HRWG, ProPatria, INFID, Lesperssi)
Mufty Maakarim A
Andi K Yuwono