Sultan Abdurrahman, Jakarta – The Indonesian Presidential Palace has responded to reports about a draft presidential regulation outlining the Indonesian National Armed Forces' (TNI) role in countering terrorism.
The draft, titled Presidential Regulation on the TNI's Duties in Countering Terrorism, had previously drawn criticism from several civil society organizations, which described it as problematic.
Deputy State Secretary Prasetyo Hadi said the draft has not been signed by President Prabowo Subianto and therefore carries no legal force. "Not yet," he said at the State Palace in Jakarta on Thursday, January 8.
Prasetyo urged the public not to rush to conclusions about a policy that is not yet in effect. He emphasized that the content of the regulation must be understood first.
"Every government policy is created within a context that meets specific needs and situations," Prasetyo said. "The government will not issue regulations without clear boundaries or adequate control mechanisms."
He cited recent discussions on the new Penal Code (KUHP) and the Code of Criminal Procedure (KUHAP), which have sparked public concern for including criminal penalties for insulting the head of state. Prasetyo stressed that such penalties cannot be imposed arbitrarily, as they require a formal complaint – known as aduan delict – from the head of state or other designated officials.
"This means that if the head of state or other officials do not report an offense, it cannot be processed. In our view, this is far better than allowing anyone, every volunteer, or every supporter to report freely," he said.
The draft regulation comes as a follow-up to Law No. 5 of 2018 on the Eradication of Terrorism Acts. The Civil Society Coalition for Security Sector Reform, which includes Imparsial, KontraS, YLBHI, Centra Initiative, and Amnesty International Indonesia, has raised concerns about its potential impact.
The coalition warned that the draft could threaten democracy, human rights, and the principles of the rule of law. Critics highlighted the proposed expansion of TNI's role in prevention, which could include intelligence operations, territorial operations, information operations, and "other operations."
The coalition said the vague term "other operations" leaves room for multiple interpretations and could be misused for political purposes.
"This has the potential to be abused for political gain and threatens civil liberties and democracy," the coalition said in a written statement on Wednesday, January 7.
– Novali Panji Nugroho contributed to the writing of this article.