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Lawmakers push back against bill empowering military
Jakarta Post - August 12, 2016
Having been postponed for years owing to its antireform spirit, the legislation was put back on the table by House Speaker Ade Komarudin of the Golkar Party, which recently joined the government's coalition.
Ade proposed that the House take over the drafting of the bill from the government, arguing that deliberation of the bill would help counter national security threats. The proposal, however, has drawn objections from political party factions.
"We don't see the urgency to deliberate the bill because it may overlap the authorities of the Indonesian Military [TNI] and the National Police," said Hanura Party politician Sarifuddin Sudding, a member of House Commission III overseeing human rights, security and legal affairs.
"Then, if the bill is drafted by the House, it will create conflict of interest. It's better that the government carry out its own in-depth study about the importance of the bill," he added.
Ade came up with the proposal after he had a closed-door meeting with Defense Minister Ryamizard Ryacudu in July. He said the bill was important because the country needed a legal basis to rigidly regulate the distribution of tasks and authorities for every defense and security institution.
The government has tried to pass the bill since 2006, but lawmakers have failed to endorse it on account of protests from civil society organizations over concerns that the bill would encourage misuse of authority by the state.
The latest version of the bill is that of 2012 and contains articles that may threaten civil supremacy and give room to the military to get involved in civilian matters.
Article 14, point 1 of the bill, for example, stipulates that the government has the authority to declare a military emergency when there is civil unrest that harms the country's sovereignty and integrity.
According to the lawmakers, the article may allow the military force to get involved with civilian cases, such as riots, while the military is supposed to only act when there are attacks from outside the country.
Also in the bill, article 22, point 1 stipulates that national security involves active roles of state intelligence. It does not clarify which state intelligence body is permitted to do so.
If the House speaker insists on reviving the bill, Indonesian Democratic Party of Struggle (PDI-P) member Tubagus Hasanuddin has urged that the bill be drafted by the government, because it pertains to coordination among authorities. "The substance is complex, it will be difficult for us to accommodate the interests of related institutions," Tubagus said.
Rights group Imparsial executive director Al-Araf said the bill had no clear reason or purpose and instead created anxiety among civilians over military involvement.
"The TNI already has the authority to get involved in civilian matters under certain conditions, according to the Military Law. So the government doesn't need any more regulations," Al-Araf said, adding that the Defense Ministry has not elaborated on the urgency of the bill.
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