Margareth S. Aritonang, Jakarta – The House of Representatives has sent a bill on social conflict management back to a committee for revision during its plenary session on Tuesday.
Lawmakers voiced concerns that the bill would allow the Indonesian Military (TNI) to intervene in the nation's social and political affairs, something which ended along with the 32-year reign of president Soeharto in 1998.
Objections were raised to articles 34 and 35 of the bill, which lawmakers said created ambiguity about which institution would be in charge if the TNI was deployed in social conflicts. Lawmakers were also concerned that the TNI might again commit human rights violations if soldiers were sent to restore order domestically.
"Clauses 1 and 2 of Article 34 contradict the principles of the 2004 Indonesian Military Law, which gives the president the authority to deploy TNI personnel in non-combat operation," lawmaker TB Hasanuddin, lawmaker of the Indonesian Democratic Party of Struggle (PDI-P) said.
The clauses would authorize governors, regents and mayors, with the consent of local leaders, to deploy the TNI to resolve social conflicts in what some called a throwback to the draconian measures of the New Order.
However, Hasanuddin, a deputy chairman of House Commission I overseeing defense and foreign affairs, perhaps overlooked the 1959 State of Emergency Law, which already allows the president to deploy the TNI domestically during a crisis.
Commission I chairman Mahfudz Shiddiq, a lawmaker from the Prosperous Justice Party (PKS), said that the articles 34 and 35 of the bill might create a conflict between the TNI and the National Police in restoring order during social conflicts.
Article 35 stipulates that TNI deployments must be decided in coordination with the National Police, authorizing the National Police chief and the TNI chief to manage operations jointly.
"Why should the TNI coordinate with the police? This is confusing. It is the Defense Ministry that has the authority to direct the TNI. On the other hand, the National Police is answerable to the president. This is a mess because the president should not stand on equal footing with the Defense Minister," Mahfudz said.
He added that involving the TNI in resolving social conflicts might trump civilian supremacy.
"The bill must guarantee that the involvement of the TNI and the National Police in social conflict mitigation will not end up with their officers violating human rights. Although I haven't seen the potential for that in the present draft, I am happy that the House delayed its endorsement of the bill because it needs revision," he said.
Mahfudz added that the bill did not adequately define what a "social conflict" was, referring to social conflicts as a clash involving physical violence, discounting other types of violence, including psychological, economic and sexual violence.
Deputy House Speaker Priyo Budi Santoso, who chaired the plenary meeting, said that lawmakers agreed to return the bill to the House special committee overseeing its drafting for revision.
"We will give more time for the committee to work based on suggestions raised during today's meeting. We will discuss the draft again during our next plenary meeting, scheduled for April 10," he said.
An alliance of civil society groups under the banner of Indonesia Damai (Peaceful Indonesia) initiated the bill in early 2011. The bill mandates the establishment of a Social Conflict Settlement Commission, an hoc body with the authority to conduct out-of-court settlements through mediation and reconciliation.