Maj. Gen. Kohirin Suganda, Jakarta
Upon reading and scrutinizing Lisa Misol's article titled ""US aid to corrupt TNI risks more rights abuses"" in the March 14, 2006 edition of The Jakarta Post, we discovered several points that need to be straightened out, as it fails to describe the actual situation today, even tending to mislead the readers.
While the article is a result of research (due to the writer's background as a researcher), in general, the outcome presented describes more the situation of the Indonesian Military (TNI) in the past, rather than its position today. It indicates that in her study the writer overlooked the progress the TNI made in its internal reform. Misol should have observed this internal reform process objectively and provided up-to-date information if she wished to see a sustainable internal reform, instead of only portraying the situation from afar.
The points that need rectification are as follows:
1. Lisa Misol is pessimistic about the TNI reform when she suggests that although TNI Commander Air Marshal Djoko Suyanto has expressed his commitment to carrying on the TNI's internal reform, no concrete action is apparent in the field. She even describes vulnerability of the reform to potential resistance from the other forces (particularly the Army).
This statement more represents a personal opinion than the prevailing fact. It should be understood that the internal reform is an institutional decision of the military, the format and implementation of which have been decided through an institutional mechanism involving all the TNI forces. Therefore, the format and implementation are under the control of the institutional hierarchy.
The TNI's internal reform is a gradual and continuing process so that whoever leads the TNI will always be involved in and bound by its process of formulation and implementation. It is in this context that one of the points brought up by Marshal Suyanto during a ""fit-and-proper test"" at the House of Representatives (DPR) and after his appointment as the TNI Commander was his commitment to and consistency in the continuity of the TNI's internal reform.
2. Misol describes the TNI as having no support for the supremacy of law, which makes her assume that the TNI presence will threaten the existence of a civilian government that upholds civilian supremacy. Had Lisa Misol examined in her research the progress of the TNI's internal reform, she would have realized that there was no reason or opportunity for the TNI to deny civilian supremacy. There are some laws issued to guide the TNI's internal reform (the latest being Law No.34/2004), which clearly define the limits to the TNI's authority in executing its duties.
The capacity of military duties is only confined to defense affairs, while in security affairs (formerly the TNI's main duty), the TNI is in the position of assisting the National Police. In this case, the basic substance restricting the TNI's move is that whatever is done by the TNI has to follow government policies.
Misol's statement that the TNI continues to enjoy impunity is not true because the TNI supports the principle of public accountability and transparency through the internal control mechanism by the TNI Inspectorate General and the Inspectorate General of the Ministry of Defense as well as through external control by the House (starting from budget planning), the Supreme Audit Agency (BPK) and the Corruption Eradication Commission (KPK). With regard to the TNI's consistency in upholding the supremacy of law, the TNI has consistently brought soldiers suspected of violating the law to justice.
So far, no TNI personnel suspected of the violations have escaped prosecution, including those implicated in human rights abuses (tried at the Indonesian human rights ad hoc court). The fact that some circles are not satisfied with the legal process is something very relative. But the entire legal process has taken place in a transparent, accountable and constitutional way.
3. As to Misol's hope that the U.S. should put pressure on the Indonesian government to end military business activities, in fact the transfer of military businesses is underway. Although Law No. 34/2004 on the TNI requires the settlement of military businesses within a period of five years (2009), the TNI Commander has proactively set a target of resolving the military business in two years.
While Misol refers to 200 military business units, the TNI has so far presented data on its 1,520 business units to the TNI's Business Transformation Supervision Team (TSTB), an agency authorized to handle the settlement of military businesses. The TNI has fully turned over its business affairs to the government, in this case, the TSTB.
The TNI will not turn a blind eye to the fact that some of its personnel were, in the past, involved in crooked business practices. But in line with its internal reform, the TNI is and will be taking legal actions against soldiers found to have breached the law in their business activities.
4. The fear expressed by Misol that the TNI would violate the law at will due to its good ties with the U.S. -- and the aid money that goes with it -- is completely unreasonable. That is because, first of all, in line with the TNI's commitment to transparency and accountability, there is obviously a control mechanism, both internal and external. Second, it should be noted that the U.S. aid to the TNI so far has not been given in the form of funding, but in training for TNI soldiers through the IMET program, from which the soldiers can develop their professionalism.
5. Misol's anxiety about the absence of government control over the TNI in the main weaponry system procurement through Foreign Military Financing scheme is unreasonable as well. The procurement of weaponry falls under a very strict control mechanism, because it is a Government-to-Government arrangement, while its implementation involves relevant ministries: the Defense Ministry, the Finance Ministry, the Foreign Ministry and the TNI.
In this case, the TNI is in the position of an end user, which is involved in determining technical specifications of the weaponry according to TNI needs. Tenders and payment processes are handled by the other relevant ministries.
6. As to PT Freeport's security payments to the TNI, linked to its duty of providing security in the operational area of PT Freeport, several matters should be understood. First, the presence of the TNI in guarding the company is the execution of a state duty regulated by law. The TNI has never struck any deal with Freeport. The assignment of soldiers at vital facilities is not only found with Freeport, but has to be requested by the relevant company, the regional administration and the National Police.
Second, the TNI receives in-kind aid from Freeport, which is directly obtained by the soldiers in the field in the form of health facilities, accommodation and transportation. Institutionally, the TNI has never received money from PT Freeport. Any clarification over information on money given to TNI personnel should be requested from PT Freeport.
The writer is the Indonesian Military (TNI) spokesperson.
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