Democratic Control
President Joko Widodo has a big chance to strengthen military reform by strengthening the democratic control.
There is a perception that military reform is moving backward under President Joko Widodo.
Such perception emerged following the involvement of the Indonesian Military (TNI) in the food security program, an agreement made on the handling of demonstrations between the TNI commander and National Police chief, and although not carried out by the TNI, the appointment of an active high-ranking police officer as acting governor in North Sumatra and West Java.
Basically, such perception has triggered concerns that democracy has made a U-turn and that Indonesia is going back to the New Order era.
Such concern could be eased by strengthening one main concept, democratic control. This concept is offered as a solution to prevent the widening political role of the military, which is marked by military intervention in politics.
The study by civilian-military relations researchers found military intervention occurs because of the connection of two variables, (a) the perception that civilian is weak and violates the constitution and (b) the weak civilian disrupts the military interests by intervening into the military’s tactical and operational matters. In order to prevent the two variables from occurring, the framework of democratic control offers six solutions being carried out by the President Jokowi administration.
Six solutions
The first proposed solution is the strengthening of regulation framework in the defense sector. This solution requires a complete regulation package to support the State Defense Law, TNI Law and Defense Industry Law, to give the Defense Ministry and the TNI legitimacy to form a national defense system. It must be acknowledged that the main weakness of reform since 2000 was the deliberation of a law on defense affairs. During the era of President Megawati Soekarnoputri, the government and the House of Representatives managed to complete the deliberation of the State Defense Law and TNI Law. During the era of President Susilo Bambang Yudhoyono, only the Defense Industry Law was completed. The deliberation of other draft laws, such as ones on People’s State Defense, Defense Component, TNI Assistance and Military Tribunal, were stagnant and in need of a political breakthrough by President Jokowi in the 2018-2019 National Legislation Program.
The second proposed solution is the rearrangement of the defense organization to clarify the authority of the Defense Ministry and the TNI Headquarters. The democratic demand to ensure the post of defense minister is not in the hands of the TNI commander – or the presence of budget control for TNI’s arms procurement by the defense ministry – is an example of the organizational reform to strengthen democratic control. One major achievement from the defense organization reform was the issuance of Presidential Regulation (Perpres) No. 62/2016 on the TNI Organizational Structure, which gives the TNI commander the mandate to setup a Joint Command to strengthen the TNI’s character as an integrated armed force.
The third proposed solution is changing the characters of TNI soldiers to that of professional soldiers. This has been consistently done since the issuance of TNI Law in 2004. Today, TNI neutrality has become a reference to ensure the soldiers no longer involved in practical politics, soldiers do not become members of political party and soldiers must resign if they want to run in general election. This reference is also strengthened with the stipulation that soldiers cannot occupy position outside the ones mentioned in the TNI Law.
Fourth solution, the strengthening of TNI deployment. Through Perpres No. 62/2016, President Jokowi has given a mandate to TNI commander to setup a Joint Command. During a presentation at Defense Ministry Leadership Meeting in January 2018, TNI commander Chief Marshal Hadi Tjahjanto explained about TNI strategic plan to form three new commands, Army Strategic Reserve Command (Kostrad) Division III, Central Fleet, Marine Troop III and Air Force Operation Command III that will lead to the formation of the Joint Command.
If this is implemented, we will see the TNI deployment is no longer based on territorial politics consideration of the New Order era, but rather based on the alignment among the three forces in accordance to the geographic condition and the dynamic of present threats.
Fifth solution, civilian commitment and control to provide resources for the development of TNI forces. The major challenge of the Jokowi administration is the macro economic condition, which makes it impossible for the government to allocate budget to meet the projection of minimum force by 2024. This challenge will be overcome by Jokowi by offering a new defense investment paradigm to make weapon procurement (alutsista) not seen as spending. Through this defense investment concept, the transfer of technology, defense offset, weapon lifespan calculation and local technology content must be fulfilled in each weapon procurement process.
Homework for President Jokowi
Six solution, the strengthening of political legitimacy in TNI deployment. Ideally, the deployment of TNI force is regulated in the law so that there is standard procedure that guarantees the legality of a military operation. In Jokowi era, the standard procedure for the involvement of TNI in contra terrorism strategy is being discussed in the revision of the Terrorism Law. The involvement of TNI in food security program must be linked and strengthened through more operational rules regarding the role of the Army, Navy and Air Force to empower the defense territory so that it is not considered as expansion of TNI role.
The memorandum of understanding between the Police chief and TNI commander on TNI assistance in dealing with demonstrations should be seen as a transitional regulation to fill in the vacuum of regulation both at the level of government regulation or law on TNI assistance. Since 2004, the standard procedure for the deployment of TNI has never been completed. President Jokowi has work ahead of him to quell concerns of military intervention in matters outside defense.
Those six solutions are the homework of the government since Defense Law (2002) and TNI Law (2004) took effect. President Jokowi has a big chance to strengthen military reform by strengthening the democratic control, mainly by rolling in the deliberation of several laws related to state defense and the outlining of standard procedure for the deployment of the TNI force.
Andi Widjajanto
Defense Analyst