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Jakarta Post

Editorial: Policing the military

As part of its organizational restructuring, the Indonesian Military (TNI) merged on Monday the military police corps of the three armed forces into one institution dealing with enforcement of military law and discipline

The Jakarta Post
Tue, May 5, 2015

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Editorial: Policing the military

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s part of its organizational restructuring, the Indonesian Military (TNI) merged on Monday the military police corps of the three armed forces into one institution dealing with enforcement of military law and discipline.

It will be remembered as one of the legacies of TNI Commander Gen. Moeldoko, who will reach retirement age in July, but the public will not care about it unless the new organization ensures justice is delivered when it comes to offenses committed by soldiers.

The public misperception about the military police as an instrument to justify impunity has not entirely been removed as they tend to work all-out only when they come under mounting public pressure.

The trial of 12 of the Army'€™s Special Forces (Kopassus) commandos accused of a prison attack in which four detainees were killed in Yogyakarta two years ago was open to the public. The judges convicted three of the soldiers of premeditated murder, but handed down prison sentences far below the maximum penalty of death, while the rest were sentenced to between four and 21 months'€™ imprisonment.

For human rights defenders, the punishment does not provide a deterrent, but they had anticipated the verdict primarily because the legal process involved military officers rather than independent, if not civilian, institutions.

In fact, since its inception in 1999, military reform has barely changed the military'€™s justice system. A plan to revise the 1997 Military Court Law has stalled because of a lack of support from both the executive and legislative branches of power. The only progress the country has made so far is amalgamating the previously exclusive military tribunal into the national judiciary system under the Supreme Court, although for technical matters the military will not entrust civilian judges with hearing cases involving soldiers.

Moeldoko has openly rejected the idea of revising the existing law on military courts, saying the old legislation ensures the military is not above the law. When installing Maj. Gen. Maliki Mift as commander of the TNI military police on Monday, Moeldoko expressed hope the new institution would enhance the military'€™s discipline through the enforcement of the law.

With all due respect, however, the military court needs credibility. The revision of the Military Court Law, which is stipulated in People'€™s Consultative Assembly Decree No. VI/2000, Decree No. VII/2000 and Law No. 34/2004 on the TNI, aims to promote military transparency and accountability. The revision was also part of the platform of then presidential candidate pairing Joko '€œJokowi'€ Widodo and Jusuf Kalla.

The revision is, therefore, a debt that the nation, including the military, has to settle. President Jokowi and Vice President Kalla, regardless of their workload and efforts to consolidate the government, should not forget their pledges.

As the TNI'€™s supreme commander, President Jokowi can at least initiate a public discourse on the revision and how and when it should be realized. Revising the Military Court Law will further progress the much-heralded military reform.

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