Responding to the Draft Presidential Regulation on the Duties of the Military in Overcoming Terrorism

Press Release

Civil Society Coalition for Security Sector Reform

The government is currently discussing the draft Presidential Regulation on the Duties of the Military in Overcoming Terrorism Actions. Based on the draft Perpres received by the Coalition, in general the draft gives broad authority to the TNI in dealing with terrorism. This can be seen from the regulation on the duties of the TNI as contained in Article 2 where the TNI also participates in carrying out the functions of deterrence, prosecution and recovery. The deterrence function as intended starts from national preparedness, counter radicalization to deradicalization (Article 3). Such deterrence is also carried out with intelligence operations, territorial operations and information (Article 5). With these articles, the TNI has the flexibility to deal with terrorism at home and abroad.

The Coalition considers that the draft Perpres is substantially contradictory to the Terrorism Law. This can be seen from the use of the term deterrence in the draft Perpres which is not recognized in the Terrorism Law. The Terrorism Law in Article 43A only recognizes the term prevention, namely as a government task which is coordinated with BNPT. The derivative rules of Article 43A should also be regulated through a government regulation (PP), not through a Presidential Regulation. The prevention authority as regulated in the Terrorism Law is also given to the BNPT, not to the TNI. Article 43F letter c of the Terrorism Law states that the function of the BNPT is to carry out national preparedness, counter-radicalization and de-radicalization where these roles are also assigned by the draft Presidential Regulation to the TNI. Meanwhile, the position of BNPT is not explained in this Presidential Regulation.

The Coalition believes that the task of the military should focus on the function of suppressing terrorism, which can be carried out if law enforcement officers are no longer able to deal with terrorism and it is carried out on the basis of state political decisions. Meanwhile, the TNI's task of deterrence and recovery should be carried out by other agencies that do have the competence to do this, such as the BNPT, the State Intelligence Agency, the Ministry of Religion, the Ministry of Education, and other institutions.

Furthermore, the Coalition considers that the draft of the Presidential Decree contradicts and exceeds the Military bill. This can be seen in the use of regional budgets and other sources outside the APBN that can be used by the TNI in dealing with terrorism as regulated in Article 17. This is clearly contrary to Article 66 of the TNI Law. The use of budgets outside the APBN by the TNI is not in line with the functions of the TNI which are centralized (not decentralized) so that the budget for the TNI is only through the APBN as regulated in Article 66 of the TNI Law. Funding outside the provisions of the TNI Law is certainly against the rules.

Thus, the draft Presidential Regulation on the Duties of the TNI in Overcoming Terrorism Actions prioritizes the War Model pattern, which is not in line with the Terrorism Law itself. In addition, this will also be dangerous for the life of democracy and human rights in Indonesia. Moreover, the draft Perpres also eliminates the checks and balances mechanism between the President and the DPR as regulated in Article 17 (2) of the TNI Law, which states that the deployment of TNI forces must obtain approval from the DPR.

On the basis of the foregoing, the Coalition urges President Joko Widodo to completely revise the draft Presidential Regulation on the Duties of the TNI in Overcoming Terrorism Actions while still referring to the rules, principles and spirit of handling terrorism as a law enforcement policy (criminal justice system) and not war. models (war). The involvement of the TNI in dealing with terrorism must be in line with both the Terrorism and Military Laws.

Civil Society Coalition for Security Sector Reform

Imparsial, KontraS, Elsam, YLBHI, LBH Jakarta, Setara Institute, LBH Pers, WALHI, HRWG, ILR, ICJR, Institut Demokrasi