Jakarta, Jan 27 (Antara) - The House of Representatives (DPR) is revising Law No. 15 of 2003 on Terrorism, but the plan to include the Indonesian Defense Forces' (TNI's) involvement in counterterrorism in the draft revision still raises debates.
The main task of the TNI is to defend the state, while the National Police (Polri) is responsible for maintaining public order and security in the country. Terrorism is viewed as a threat to the security of the state.
Hence, in combating terrorism, the Polri has, so far, been assisted by the TNI. To this end, Law No. 15 of 2004 was issued to offer a legal basis to the TNI to provide assistance in the fight against terrorism.
Therefore, momentum for the revision of Law No. 15 of 2003 has triggered debates on whether TNI's involvement in counterterrorism operations needs to be included in the revised law. Some believe it was important to synergize the roles of the Polri and TNI in the revised law, though some others rejected it.
In this case, TNI Commander Marshal Hadi Tjahjanto had sent a letter to the chairman of the Special Committee on the Bill on Terrorism on January 8, 2018. The TNI commander proposed the inclusion of the military's involvement in counterterrorism operations in the Bill on Terrorism.
"The proposal to include TNI's role in the anti-terrorism bill veers away from its main duty of safeguarding the state's sovereignty and ensuring the security of the nation, especially with regard to its task of conducting Military Operations Apart from War (OMSP)," the TNI commander had noted in Jakarta on Wednesday (Jan 24).
In that context, the TNI is obligated to overcome terrorism.
"As an actor and restorer, of course, we have an obligation to participate in terrorist countermeasures," he pointed out.
In his proposal, the TNI commander requested a change in the title of the bill on amendment to Law No. 15 of 2003. He requested to change the title from "Assistance on Terrorism Crimes" to "Fight Against Terrorism" and is included in an article for TNI's task and role.
Tjahjanto also denied that the bill would lead to an overlap in the roles of the TNI and Police, as both agencies have the same obligations of safeguarding the unity of the Unitary State of the Republic of Indonesia.
Legislator Bobby Adhityo Rizaldi, a member of the House's special committee tasked with revising the 2003 Terrorism Law, remarked that the proposal to involve the TNI in terrorist handling operations needs to be coordinated and synergized in greater detail. The Ministry of Justice and Human Rights (Kemenkumham) must coordinate immediately with the TNI.
"Hence, the Kemenkumham should immediately respond to the letter from the commander of TNI," Rizaldi had noted in Jakarta on Thursday (Jan 25).
He explained that synergy needs to be regulated, as the TNI's task of handling terrorism is stipulated in Law No. 34 of 2004 on the TNI, specifically on OMSP.
According to Rizaldi, the law is an initiative of the government, so it is urgent to decide whether the draft law should be discussed with the DPR or the draft being discussed should be withdrawn first and be replaced or revised.
"The government should ensure that the Coordinating Ministry of Political, Legal, and Security Affairs (Kemenkopolhukam), Kemenkumham, TNI, and Polri reach a common consensus, so that the discussion with the DPR can soon yield a decision," he explained.
Rizaldi from the Golkar Party remarked that the government, in this its institutions, should first be on the same page before moving forward to discuss it with the 10 factions of the DPR.
However, Kemenkumham Minister Yasonna Laoly disagrees with the proposal of TNI Commander Marshal Tjahjanto regarding a revision in the title of Law No. 15 of 2003 on Terrorism.
"We cannot revise the title, as we will be compelled to draft a new one," Laoly clarified on the sidelines of a meeting with DPR's Justice Commission.
The minister opined that replacing the existing title will be a lengthy process, as the new academic draft should be re-submitted. Laoly noted that the matter has been under discussion.
Most importantly, the minister stated that the TNI can now take part in the handling of terrorism, as it has been regulated in the TNI Law. Based on the law, TNI's involvement in the eradication of terrorism can be carried out with a presidential permit.
"Hence, I said why don't we just sit back and handle the matter (the military involvement) through the TNI Law (Law No. 34 of 2004). I have already given the order," Laoly was quoted as saying by Tempo.com online media on Wednesday (Jan 25).
Law No. 34 of 2004 already regulates the involvement of the TNI in the fight against terrorism based on its OMSP task.
In the meantime, Deputy House Speaker Taufik Kurniawan noted that the TNI needs to give priority to its defense function.
"TNI's role is very important, as the military's task is to serve the people. Hence, it should resume its role to maintain the state's defense and security," he had noted in Jakarta on Friday (Jan 26).
Kurniawan viewed that the debate on the proposal of TNI's involvement in the fight against terrorism must refer to the TNI law to decide the scale of the terror threat.
"The Polri is tasked with maintaining security and order. Threat to the integrity of the Unitary State of the Republic of Indonesia concerns state security. Hence, the scale for these threats is regulated by the Polri and TNI," he explained.
The TNI plays an important role in the fight against terrorism, as the institution was established for the people and is tasked with serving them.
Hence, it is important to reinforce the defense and security function of the TNI by optimizing its institutional tasks, such as improving the welfare of soldiers, modernizing its weaponry systems, and maintaining unity among the people. ***4*** (A014/INE)
EDITED BY INE/B003(T.A014/B/BESSR/Bustanuddin) 27-01-2018 20:22: |
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