Since the DPR discussed the revision of the TNI and Polri Bills, rejections have continued to be echoed by a number of civil society organizations. They considered the substance of the proposed changes in the two bills to have a number of serious problems that were feared would set back the TNI and Polri reform agenda. Despite the rejections, the DPR had stated that discussions on the two revisions would continue.
However, suddenly the Chairman of the Legislative Body (Baleg) of the DPR, Wihadi Wiyanto, on Monday (26/8), at the parliament complex in Jakarta, revealed that his institution had decided to cancel discussions on the revision of the TNI and Polri Law, without disclosing the reasons.
“Later we will convey that this (revision of the TNI Law and Polri Law) will be continued for the next DPR (period), but this will be seen in terms of urgency later. So the DPR Baleg decided not to discuss it first and postpone or cancel the decision to discuss the TNI-Polri Law,” he told reporters.
Wihadi also said that the government has not yet sent an inventory list of problems related to the revision of the TNI and Polri Law.
Responding to the cancellation, the Chairman of the Legal Aid and Human Rights Association (PBHI) Julius Ibrani, one of the organizations that rejected the revision, explained that from the beginning in terms of substance the revision of the TNI Law and the Polri Law had been in conflict with the 1945 Constitution and was more focused on issues of political and business needs. The revision, he said, did not discuss more pressing issues, such as career levels, promotions, and transfers. Currently, according to Julius, there is a swelling in the middle-class officer group.
“Therefore, the only reason we can see in the rapid progress (of the discussion on the revision) of the TNI and Polri Law is a political reason, where Indonesia is facing regional elections towards the end of this year after the presidential and legislative elections yesterday. When the regional elections were ruined due to the Constitutional Court's decision number 60, it can be predicted that the control over the TNI and Polri aimed at political interests will be ruined,” he said.
As a result, Julius continued, the revision of the TNI Law and the Polri Law is no longer a priority to be pushed. He emphasized that what is urgent is revising the authorities that exceed and are not in accordance with the mandate of reform and the constitution, both in the TNI Law and the Polri Law. He gave an example in the TNI Law that must be revised is that the TNI must return to the barracks. “The TNI must not be in the civilian space. The TNI may only move in military operations of war and non-war military operations,” he said.
One of the things that will be revised in the TNI Law which is considered to expand the role of the TNI in the civilian realm is the change in the wording of Article 3 paragraphs 1 and 2. Paragraph 1, for example, which currently reads, “In the deployment and use of military force, the TNI is positioned under the President” will be changed to “The TNI is a state apparatus in the field of national defense and security and is positioned under the President”.
Two other articles that were changed in the revision were Article 47 and Article 53. The addition of a sentence in Article 47 paragraph 2 “ministries and institutions require the manpower and expertise of active soldiers in accordance with presidential policy” could open up opportunities for active soldiers to fill positions in all ministries or institutions.
Meanwhile, what is highlighted in the revision of the National Police Law is the issue of police authority in monitoring cyberspace and blocking the Internet. This authority, said Julius, has the potential to kill public expression in cyberspace, and could trigger abuse of authority. (fw/ab)
