T

he country’s control over gun procurement by security forces is under scrutiny following a defensive gesture from the Indonesian Military (TNI) over illegal purchases by its members serving as the Presidential Security Detail (Paspampres).

TNI spokesman Maj. Gen. Tatang Sulaiman insisted the procurement personally made by Paspampres members from US Army soldier Audi Sumilat during a working visit to the US in 2014 for personal use was justifiable although the procurement breached proper procedures.

“It was their own initiative in an attempt to increase individual capabilities. They are obedient shooters and did not have any intention to use their purchases for nefarious purposes,” Tatang said.

To avoid a similar controversy from reoccurring, Tatang added, “Maybe in the future we can help them procure guns to avoid breaches.”

The case garnered public attention following a recent revelation of gun smuggling involving US military personnel, including Sumilat, who did not own a license to export firearms.

Sumilat pleaded guilty before a US federal court last week as he was charged with participating in a scheme to buy guns from several suppliers in the US to later sell them to Paspampres personnel.

The Associated Press reported that the 36-year-old soldier would be sentenced in October and faced a maximum sentence of five years’ imprisonment and an additional fine of US$250,000.

In addition to Sumilat, another unnamed suspect in the case has also been charged and is scheduled to stand trial on July 19.

However, little is known of the fate of their Indonesian buyers as the military institution is keeping the issue an internal matter.

The Police Military (POM TNI) has questioned eight Paspampres personnel allegedly involved in the case. But, details of the soldiers as well as the types and amount of guns procured have yet to be revealed to the public.

Such silence has moved military observers to speak up, urging authorities to thoroughly investigate the case as it does not only raise questions over proper procedure for authorities, including the military and the police, in procuring weapons to support their work as well as gun control for personal use; but it also possibly reveals bigger problems within the military body.

Prevailing laws on gun possession include Law No. 12/1951 and another one endorsed in 1948. Both laws impose strict procedures for civilians to acquire gun licenses.

Military and police institutions have also formulated regulations to manage gun procurement for personnel, imposing strict procedures on personnel requesting to procure guns as well as regular checks on distribution among members.

A decree issued by the National Police chief in 2004 and a 2010 defense ministerial decree have respectively set the procedures for members and officials outside the institutions in procuring guns.

The police chief decree, for example, requires applicants to undergo a strict psychological test by at the police headquarters to ensure that the procurement will not be misused.

Similar conditions are stipulated in the defense ministerial decree.

Both regulations also ask for regular distribution reports to ensure procurement is carried out according to proper administrative procedures.

Military observer Khairul Fahmi of the Institute for Security and Strategic Studies added a 2014 defense ministerial decree to the list, which rigidly stipulates the procedural procurement of military equipment. The decree requires licenses and credibility of company in producing, assembling or selling equipment.

“An investigation must be carried out to see whether such a case is mere negligence or misconduct,” Fahmi said, arguing that the TNI usually applied standardized gun procurement for its personnel that required a permit from the institution.

By committing underground transactions, he said, the quality of exported equipment could not be guaranteed; therefore, the holistic performance of the military could be heavily affected.

“This case was only revealed after a court in the US uncovered the case. Now who can guarantee that the procurement of military equipment, such as helicopters, is safe from such irregularities?” questioned Fahmi. (fac)