The desire of the Indonesian National Armed Forces (TNI) to gain more authority through the issuance of a Presidential Regulation (Perpres) needs public attention. The Perpres proposed by the TNI will later become the legal basis for the use of weapons to improve security against non-military threats. As reported by The Jakarta Post, Article 7 of the Draft Perpres provides a guarantee for the TNI to handle crimes that should be the responsibility of the police. The crimes in question include terrorism, smuggling, and drug eradication.
Data from the Civil Society Coalition states that to date there are approximately 31 Memorandums of Understanding (MoU) between the TNI and ministries and other agencies. Under the pretext of conducting military operations other than war (OMSP), the TNI is now beginning to enter and get involved in the civilian realm and carry out security functions based on these MoUs. Unfortunately, civilian authorities, both the government and parliament, have not corrected and evaluated all existing MoUs. The involvement of the military in military operations other than war based on the TNI MoU contradicts the TNI Law No. 34/2004. Article 7 paragraph 3 of the TNI Law explicitly states that the implementation of military operations other than war tasks must be based on state political policies and decisions, and not through MoUs. Although Article 47 of the a quo Law allows military circles to occupy civilian positions in 10 institutions, it must be based on the request of the head of the department or non-departmental government agency and subject to prevailing administrative provisions. This discourse has emerged since May 2015, when the Cabinet Secretary was still held by Andi Widjayanto.
The involvement of the military in civilian affairs is feared to cause overlapping responsibilities with the police as well as further involvement of the TNI in the political and socio-economic realms. If this Perpres is approved, the TNI will no longer be under the Minister of Defense and will have a position equal to the police and other ministries, which is directly under the president. This is certainly a step backward, when the TNI wants to be on par with the police and other ministries under the president.
The problem of dividing tasks between the police and the military has not been clearly defined legally. Internal security is the main responsibility of the police, but two laws, namely Law Number 3 of 2002 concerning National Defense (Article 7 Paragraphs (2), (3), Article 14, and Article 19) and Law Number 34 of 2004 concerning the Indonesian National Armed Forces (Article 7 Paragraph (2b)) state that the TNI must have the capability to assist internal security and emergency management when requested. Such requests can come from the police, who can call in the military if a problem goes beyond their capabilities, or from the government, which can mobilize the military to assist them even if the police do not make a call. The military should not intrude on the authority of the police, so the police do not need to duplicate what the military already has.
Likewise, the idea of involving investigators from the TNI to be involved in the Corruption Eradication Commission (KPK) is an unconstitutional step. There are a number of violations and impacts that will be caused if the plan occurs. First, Article 30 of the 1945 Constitution of the Republic of Indonesia asserts that the TNI is a state instrument tasked with defending, protecting, and maintaining the integrity and sovereignty of the state. Meanwhile, the task of law enforcement, the Constitution of the Republic of Indonesia has delegated it to the Police as regulated in Article 30 paragraph 4 of the 1945 Constitution of the Republic of Indonesia. Second, the involvement of the TNI in civilian institutions is part of what was rejected by the 1998 reform. Third, the plan to involve the TNI as investigators and KPK officials is an open road for the TNI to re-enter the law enforcement arena, after the Constitution of the Republic of Indonesia outlined a clear division of tasks for the TNI and Polri.
The plan of the Indonesian Ministry of Defense to conduct national defense education for 10 million people over the next 100 years is an irrational idea and out of context with the nation and state’s need to improve the quality of citizenship. The emergence of the national defense idea originating from the defense institution/TNI is a claim as if the TNI is the most nationalistic and patriotic. Whereas during the New Order era, it was precisely the military that became the pillar of dictatorship and the obstacle to democracy. Incorporating national defense into the educational curriculum is a more appropriate step, compared to organizing a separate national defense program which will only add to the long list of Agency/Ministry projects.