The ambiguous and multi-interpreted constitution, which resulted in its derivative product, namely the People’s Consultative Assembly (MPR) decree, subsequently worsened.
By
J Kristiadi
·5 minutes read
SALOMO TOBING
J Kristiadi
Initially, it was the intention to purify professionalism and restore the identity of the Indonesian National Police (Polri) and the Indonesian Military (TNI) as an integral part of political reform. The two institutions need to be straightened out so that they are in line with the élan of transformation, which has succeeded in overturning a tyrannical regime into the sovereignty of the people.
The function of the National Police is to enforce the law, maintain social order and maintain domestic security. Meanwhile, the TNI is at the forefront, protecting the sovereignty and integrity of the country from external threats. Both need to be freed from the political struggle for power.
However, the struggle for this is not easy considering that these two institutions had been abused by a tyrannical regime for decades as a political tool to preserve power. During that time, the National Police were shackled as part of the Armed Forces because they were integrated into the Armed Forces of the Republic of Indonesia (ABRI).
As a result, this civilian institution is increasingly militaristic in character because they are subject to military command lines.
Historical accident
The excesses of the euphoria of reform and the very rapid acceleration of political transformation have resulted in the separation of the TNI and Polri without deep and comprehensive thought. Ideally, the program is an integral part of the national security reform agenda.
Its main objective is to secure national interests from various threats, ranging from foreign military threats, various domestic conflicts, natural disasters, to threats to the sense of security of citizens. Given the very complex challenges of national security, inter-sectoral cooperation is a necessity.
The partial approach has resulted in a fatal historical accident. The source is the constitutional amendment of the 1945 Constitution. The title of Chapter XII, Article 30, which originally (original text) had the formulation "Defense" became "State Defense and Security" after the amendment. These provisions lead to confusion because the functions of defense (enforcing sovereignty) are mixed up with state security (maintaining public order and maintaining domestic security). This issue is further complicated by interpreting security as national security.
The ambiguous and multi-interpreted constitution, which resulted in its derivative product, namely the People’s Consultative Assembly (MPR) decree, subsequently worsened. In short, Decree (TAP) MPR VI/MPR/2000 emphasizes that the TNI and Polri are separate according to their respective roles and functions. However, if there is a link between defense and security, the TNI and Polri must work together and help each other.
The MPR Decree VII/MPR/2000 almost contains the same substance. In short, the TNI is the main component in the national defense system. However, the TNI provides assistance to the National Police for security duties at the request of the law. In their implementation, the two decrees are prone to conflicts of authority between sectors. This is because it is not accompanied by clear or detailed rules of engagement.
The potential for inter-institutional conflict, especially between the National Police and the TNI, could happen quite easily. The triggers include, among others, Article 5, Paragraph (1) of the National Police Law. The article emphasizes that the National Police has a role in maintaining public order, enforcing the law, protecting and guarding the community in order to maintain domestic security.
However, Article 14, Paragraph (1), Letter i, contains broad provisions and is more appropriately to be included in the National Security Law. It reads, the National Police protects the safety of body, soul, property, society and the environment from disturbances of order and/or disasters, including providing assistance in upholding human rights.
Meanwhile, Article 15, Paragraph (1), Letter d, supervises the teaching that can cause division or threatens the unity and integrity of the nation. This provision should be in the realm of national security.
After the issuance of the Law on the Police and the TNI, civil society actively and ambitiously drafted a Law on National Security. However, as the issue became more sensitive, the public's ideas evaporated in the storm of sectoral interests. Every time the idea of a National Security Law comes up, some circles of the National Police look stifled. However, several are of the opinion that the law is important, especially those who are pursuing official education or doctoral studies at the Police Staff College.
The hope is that this law is the first step for the National Police to walk and rediscover the marwah (dignity) and its identity. This agenda requires time and extra-strong political intentions. This began with the amendment of Chapter XII, Article 30 of the 1945 Constitution. The case of a shooting between fellow police officers, which caused a commotion in the political universe, must be used as a momentum to compile the National Security Law to be carried out with in-depth and comprehensive studies.
J KRISTIADI, Senior Researcher at the Center for Strategic and International Studies (CSIS)
