"Critical Review of Law no. 23 of 2019 concerning PSDN in the Perspective of Politics, Law-Human Rights, and Security: Ahead of the Constitutional Court Decision”

Discussion and Media Briefing

Critical Review of Law no. 23 of 2019 concerning National Resource Rules (PSDN) in the Perspective of Politics, Human Rights Law, and Security: Ahead of the Constitutional Court's Decision

This discussion and media briefing collaborated with the FISIP UIN Jakarta and IMPARSIAL international relations study program at the Madya Hall, UIN Jakarat Ciputat campus, on Thursday 06/02/2022

discussion activities and media briefings were attended by discussion participants followed by various groups from UIN Jakarata students and the media.

with resource person Faisal Nurdin Idris, M.Sc., Ph.D Head of HI FISIP UIN Jakarta Study Program, Fery Kusuma, S.H. Human Rights Activist and Researcher of the Centra Initiative, Junaidi Simun, S.HI. Researcher of CSRC UIN Jakarta, Dr. Al Araf, S.H., M.D.M Imparsial Senior Researcher and Lecturer of FH Univ. Brawijaya.

with the first interviewee is Faisal Nurdin Idris, M.Sc., Ph.D, Head of HI FISIP UIN Jakarta Study Program in academic texts and laws that I saw, the definition of threats in the PSDN Law is not explained in detail. The arguments presented in this academic paper are too forced. With the definition of threats as stated in the PSDN Law, the spill-over of using Komcad becomes very broad and dangerous.

The government must listen to input from civil society at large. There are many negative impacts that can arise from the implementation of the PSDN Law. The PSDN Law also has very little respect for individual rights. The government should be able to guarantee the privacy rights of citizens, including respecting the right to refuse to be mobilized for war or certain operations on the basis of their beliefs or beliefs (conscientious objention).

the next interviewee is Fery Kusuma, S.H. Human Rights Activist and Researcher of the Centra Initiative In a democratic rule of law, a law requires the protection of human rights, while the PSDN Law does not have or does not protect human rights. Thus, many provisions or guarantees of human rights in the Constitution are violated by this PSDN Law.

considering past history, we know that there are pamswakarsa or militias, until now, for example, in Papua. This means that the formation of the Reserve Component also has the potential to re-form the militias as happened in the past, to deal with students or our own community. The legal implications of the PSDN Law can also harm the enforcement of human rights in Indonesia. The PSDN Law is an old paradigm, which is thick with a militaristic culture, which was later legalized through a set of statutory rules.

next interviewee is Junaidi Simun, S.HI CSRC researcher at UIN Jakarta said that the PSDN Law, regulations related to the threat dimension are too broad. So this law is not focused and tends to have multiple interpretations.

The budget allocated for the formation of The Reserve Component is also very large, around 1 trillion per year, it is better if this amount of funds can be used for the benefit of advancing education, for example, or economic problems or building a professional army.

In the process of discussing the PSDN Law, there is also very little public participation, I have not heard that the academic community at UIN was invited or involved in the discussion of this PSDN Law. I also didn't hear of the government or the DPR making visits to areas, to campuses to socialize the academic text or the PSDN Bill.

Budget management in the PSDN Law does not comply with the centralized system of defense budget management. This law clearly violates the centralized principle of managing the Indonesian defense sector.

In addition, this law also hinders military justice reform, members of the reserve component who violate will later be processed through the military justice system. This certainly hinders our steps to reform the military justice system.

Dr. Al Araf, S.H., M.D.M Peneliti Senior Imparsial dan Dosen FH Univ. Brawijaya mengatakan Proses pembentukan UU ini sangat minim partisipasi pubilk, sehingga UU ini cacat formil. Dimensi ancaman dalam UU PSDN ini juga terlalu luas, ketegori ancaman sangat luas, sehingga bisa dipergunakan untuk kepentingan politik tertentu.

We remember that the government used civilians to deal with other civilian groups like what happened in Timor Leste. Reserve Components also have the potential to be misused as happened in Timor Leste. In 1998 there was also Pamswakarsa which was created to deal with democracy activists. The reserve component has the potential to cause horizontal conflict with the community because of the broad threat.

the urgency of establishing the Reserve Component is questionable. If the reason is to strengthen national defense. So the first thing that needs to be done is to strengthen the TNI. Because the raison d'etre of the formation of the TNI was to face war.

On the other hand, 50% of our TNI's defense equipment system is also unfit for use. The budget should be focused on strengthening the TNI's defense equipment, training and educating TNI soldiers to be more professional, and no less important for the welfare of TNI soldiers, not spending money by forming reserve components.