Samarinda – Chair of the National Human Rights Commission (Komnas HAM) Ahmad Taufan Damanik stated that the Presidential Decree for the involvement of the TNI should be subject to a higher law.
According to Komnas HAM, the Presidential Decree proposed to be discussed in the DPR uses a war model approach instead of a criminal justice system approach. Thus, this Draft actually collides with the Law. The war approach in dealing with terrorism has been abandoned by many countries because it contains many weaknesses, including a threat to the principles of democracy and human rights.
This statement was conveyed in a National Webinar with theme “Overcoming Terrorism: Should the TNI be Involved?”, Which was held by Academics TV in collaboration with the Sharia Faculty of IAIN Samarinda, East Kalimantan, on November 21, 2020.
Furthermore, Damanik stated that Komnas HAM had conveyed key points of thought to the President and DPR which confirmed that the crime of terrorism is a serious crime, which is resolved by the application of the criminal justice system. This is very different from the war approach proposed in the Presidential Decree.
In the law enforcement approach, the TNI can be involved when the escalation of threats faced increases and cannot be overcome by law enforcement officials, as a form of assistance, is ad hoc, based on state policy and political decisions and fully uses the APBN budget.
Damanik reminded that the overlap of authority and governance between the TNI and other agencies should be observed as a result of this Presidential Decree, because this would threaten the principle of a rule of law where all actions of the apparatus must be legally accountable. Meanwhile the Presidential Decree does not regulate the legal accountability of the TNI.
Zuly Qodir, a lecturer at the Muhammadiyah University of Yogyakarta who was the next speaker said that handling terrorism must go through a multi-track approach, namely civil society, the state/government and security forces. Without a multi-track approach, the threat of terrorism will be difficult to overcome.
However, the function of the TNI cannot in all aspects. The use of the TNI is carried out to counter the threat of armed terrorism and to prevent the spread of terrorist groups. It means that the role of the military in overcoming acts of terrorism is only in the context of repression, not deterrence and recovery. Qodir gave an example of military involvement during wars such as what happened in the Philippines. In a peaceful situation the military does not need to be involved.
Muhamad Zaenuddin from Batam Polytechnic and FPKT Riau activists explained, civil society objections to the existing Presidential Decree, which were related to the confusion over the overlapping roles of the BNPT, excessive and threatening criminal justice systems, human rights and democracy. Zaenuddin stated that with the pros and cons in society, the discussion of the Presidential Decree must be carried out openly to the public and absorb the aspirations of the community. The government and DPR must be careful in discussing it.
Muzzayin Ahyar, a speaker from IAIN Samarinda, criticized the Presidential Decree which mentioned the TNI’s function in deterrence, repression and recovery. He said, the role of the TNI is only possible in prosecution, namely dealing with acts of terrorism that have threatened the security of the State and the safety of citizens, such as those in forest areas and difficult to overcome by the police such as in Poso, which endanger the head of state, in the form of kidnapping/taking hostage of citizens in international areas, or attacks on Indonesian flagged vessels.
Abdul Malik (terrorism observer): stated that he did not question the involvement of the TNI in dealing with terrorism, because there was already a law mandating its involvement. What is more important to emphasize is the involvement of the TNI in what situations/conditions, the extent to which it can be involved, and the involvement of the TNI must be based on the decision of the political authority, not the TNI commander. Malik even touched on Law no. 5/2018, it is actually quite good because it contains aspects of prevention and recovery in countering terrorism, because it deals with terrorism from upstream to downstream.
Anang Fadhilah
