“Civil Militarization Emergency: A Critical Study of the Formation of Reserve Components through Law no. 23 of 2019 concerning PSDN”

Imparsial, in collaboration with LBH Semarang, has presented a Focus Group Discussion and Media Briefing with the theme “Civil Militarization Emergency: A Critical Study of the Formation of Reserve Components through Law no. 23 of 2019 concerning the national resource management (PSDN)” on Thursday, May 19th, 2022 in Semarang.

With interviewees; Eti Oktaviani (Director of LBH Semarang), Donny Danardono (Lecturer of FHK Unika Sugyopranoto), Ardi Manto Adiputra (Vice Director of Imparsial), Al Araf (Chairman of the Central Initiative Management Board) with Focus Group and Media Briefing Participants from Unika students.

Eti Oktaviani, The Director of LBH Semarang, said that the PSDN Law was sufficient because there were problems regarding the components that could create horizontal conflicts like the Suharto era. If we look in detail, such as the definition of threat in the law itself, it is very broad and has no limits, it can be bound by those who are interested. There are no clear definitions of the three forms of threats in the said law. In addition, it regulates many things, not only reserve components but also supporting components, facilities and other infrastructure which are referred to as national resources prepared for national defense. The wide scope of regulation can be used haphazardly by those with an interest.

Regulations related to the preparation of natural resources, artificial resources, facilities and infrastructure are not clearly regulated who is in charge, the Law only regulates their stipulation. So this authority has the potential to be misused. There are also no limits and indicators of when the president can deploy reserve components.

Funding in the PSDN Law, there are 3 sources to form the reserve component, APBN, APBD, and other sources that are not binding. With the recent strength of the oligarchic group, it is possible that the reserve component can be used because it has been financed by oligarchic investors. Property rights, land rights, agrarian rights are also threatened by this law. The determination of natural resources as reserve components also has the potential for mining to damage the environment.

Donny Danardono, Lecturer of FHK Unika Sugyopranoto, said that the PSDN Law was problematic so it had to be totally revised. This law was discussed silently by the National Representative Board (DPR) and the government.

In substance, the right to anti-war or non-violence must be respected. Komcad internationally is a means of combat voluntarily, meaning that if you like you can join, but if you don't like it you may not participate, not coercion and not trickery. But this law regulates mobilization that makes people unable to vote and loses that voluntary nature.

And even more strangely, there is Article 66 paragraph 1 which regulates the punishment for those who do not participate in the mobilization. So the voluntary nature is lost and contradicts the previous norm. The awareness of refusing to participate in military operations is guaranteed by international human rights instruments.

Rejecting war and rejecting violence are human rights, this is believed by the Pacifism group. Pacifism is an anti-violent group, some of which are like vegetarian groups who refuse to even kill animals.

They argue that if violence is fought with another will never end, even though no one likes to be a victim of violence. So the violence must stop. This is the reason why pacifism groups reject war and violence. This reason was later recognized by international human rights instruments, which include freedom of thought, freedom of belief, freedom of religion, and cannot be punished. And more importantly, Komcad recruitment should not be manipulated and intimidated.

Ardi Manto Adiputra, the Vice Director of Imparsial, explains the process of discussing the PSDN Law from the start was not transparent, discussed in a short time in the DPR and later proved to be substantially problematic. President Jokowi just sent his message of the bill to the DPR on July 17, 2019 and it was ratified by the DPR on September 26, 2019. This means that there are only 70 days for them to discuss the substance of the draft bill proposed by the government.

Among the substantive problems are the Reserve Components originating from natural and man-made resources which also do not go through a democratic process because they violate the principle of volunteerism, while property rights have been guaranteed by the constitution.
The budget sources of reserve components in this law can also be obtained from the APBD and other non-binding sources. This is certainly very detrimental and adds to the burden on local governments who are already overwhelmed with development problems in their regions.

Al Araf, The Staff Chairman of the Central Initiative said that in various places, only a few people know about the PSDN Law, due to the lack of public participation and absorption of public aspirations. A good state should ask the public regarding the legislation governing the relationship between the state and its citizens. This law was discussed when the political year was in high tension so that the political interest was high as well.

Declaration of war by a state government is not always related to the interests of the people in a country. War is only a continuation of political action by other means. In fact, the resolution of problems is not always by means of war, it can be through dialogue, negotiation and other non-violent actions. The state needs to give other options to citizens who refuse to use lethal force in solving problems. There must be other alternatives such as social work alternatives such as helping in hospitals, cleaning public facilities and others. This is related to the principle of consentious objection, namely the right to refuse citizens to use lethal instruments which is part of the cardinal principle in human rights.

Unfortunately, the PSDN law does not respect that principle because it does not include it in the substance of the law and what exists is instead providing criminal sanctions for residents who refuse to mobilize and leave training for reserve components.