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Jakarta Post

Remove TNI role from antiterrorism bill: Imparsial

Marguerite Afra Sapiie (The Jakarta Post)
Jakarta
Fri, June 10, 2016

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Remove TNI role from antiterrorism bill: Imparsial Indonesian Military (TNI) soldiers continue with Operation Tinombala in Poso regency, Central Sulawesi, on April 6. The operation, which was launched in January and involves 3,500 police and TNI personnel, aims to capture the country’s most-wanted terrorist Santoso and his radical East Indonesia Mujahidin group in a mountainous area of Poso. (thejakartapost.com/Ruslan Sangadji)

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uman rights group Imparsial urged lawmakers to remove the role of the Indonesian Military (TNI) from an antiterrorism bill during deliberations on Thursday, saying the country was not in the middle of a war against terror.

Based on Indonesia's approach to counterterrorism, the country has adopted a criminal justice model where terrorism is considered a criminal action and therefore the National Police play a leading role in eradicating terrorist acts, Imparsial chairman Al-Araf said on Thursday.

By assigning the TNI to counterterrorism measures, it would appear that the government was trying to change its approach to a war model system, he continued, adding such a move could be harmful for Indonesia's democracy and was susceptible to abuse.

"If we try to assign the TNI [to counterterrorism approaches] we will be trapped in securitization. It is wrong for us to insert elements outside of law enforcement into the bill," Al-Araf told lawmakers during the hearing on the revision of 2003 Antiterrorism Law at the House of Representatives.

Al-Araf urged lawmakers to remove the article in the revision of the 2003 law that stipulates the TNI’s involvement in combating terrorism.

The military does not need to be inserted into the bill as it has the authority to deal with terrorism based on article 7 at the 2004 TNI Law, which states that the TNI can be involved into non-military operations including the anti-terrorism operation based on a decision from the President and the House.

The TNI can take military measures in countering terrorism only if threats escalate and threaten territorial integrity, he added.

Supiadin Aries Saputra, a member of the House's special committee on deliberations on terrorism, stated otherwise, saying the military could be assigned under the command of the National Police.

"The regulations on the military's tasks and limitations can be drafted by the National Police who also hold the responsibility," Supiadin said.

The law could be made more comprehensive to ensure there would be no possibility of violations arising from the involvement of the military in counter-terrorism measures, he added. (rin)

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Editor's note: revised the sixth paragraph on the legal basis of the military's involvement in anti-terrorism operation. It's not a presidential decree, but the 2004 TNI Law.

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