Yuliasri Perdani and Margareth S. Aritonang, Jakarta – Members of the House of Representatives have criticized President Susilo Bambang Yudhoyono's new security regulation that outlines the cooperation between the Indonesian Military (TNI) and the National Police in dealing with communal conflicts, calling it unnecessary, and quite possibly illegal.
Helmy Fauzi, a lawmaker from House Commission I overseeing defense and information, said on Tuesday that Presidential Instruction No. 2/2013 on the handling of internal security threats contained provisions that overlapped with the 2002 National Police Law and the 2004 TNI Law. The regulation and its related agreement were illegal, he said.
"The government never asked our opinion about the presidential instruction or the memorandum of understanding [MoU] [...] We view the regulation as being illegal and it must be revoked because it contradicts other laws," he said during a panel discussion in Jakarta.
Helmy was referring to a provision in the instruction that would allow, based on consent by the National Police, the deployment of TNI personnel to areas deemed high-risk for potential conflict.
Gufron Mabruri from human rights watchdog Imparsial said that the MoU, which was signed by the National Police and the TNI a day after Yudhoyono issued the instruction, provided loopholes that could allow members of the security apparatus to intimidate protesters or activists.
According to a copy of the MoU obtained by Imparsial, the Army can be deployed under certain situations, including during rallies, workers' strikes, riots, social conflicts or attacks from armed criminals.
"The MoU does not specify the minimal level of conflict that would be addressed by the military. This could allow the police and the TNI to handle a minor rally or strike that is not a threat to national security," Gufron said during the discussion.
Gufron and Helmy urged the President to annul the regulation and the MoU. Helmy said that lawmakers needed to deliberate a new law that would provide specifics on military deployment, including how long they would team up with the police to manage a given conflict.
Meanwhile at the House complex, Commission I deputy chairman Tubagus Hasanuddin from the Indonesian Democratic Party of Struggle (PDI-P) said the presidential instruction and the joint agreement were meaningless because a law on social conflict required a presidential regulation rather than an instruction.
"The presidential instruction might be disadvantageous to the TNI because it fails to clearly regulate how and when the police would manage any assistance provided by the TNI. The TNI may be left behind if a situation worsened," Hasanuddin said during a hearing with TNI commander Adm. Agus Suhartono.
Agus rejected the criticism, claiming that the presidential instruction would provide a good base for regional leaders dealing with regional conflict.
"Regional leaders have mostly been absent during conflicts between members of their local communities, leaving local police to explain the incidents to the public. This presidential instruction will now grant the primary role to regional leaders while we, as well as the police, will provide help anytime they need it," Agus said.
He added that the joint agreement was essential as it would act as a standard operating procedure (SOP) for both institutions so as to avoid confusion.
"The TNI has its own procedures and so do the police. That is why we need a joint procedure that can be followed by members of both institutions so that they have clear guidelines on how to act in conflict situations in the future," he said.