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Military involvement in counterterrorism measures ‘constitutional’: Expert
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Constitutional law expert Jimly Asshiddiqie speaks during an interview at the Law and Human Rights Ministry on Jl. HR Rasuna Said, South Jakarta, on May 17.
(Kompas.com/Moh. Nadlir)
I
nvolving the Indonesian Military (TNI) in the elimination of terrorism is constitutional because such involvement is regulated in the country’s law, an expert has said.
Constitutional law expert Jimly Asshiddiqie said military involvement in counterterrorism operations was permitted by Article 7 of Law No.34/2004 on the TNI and Article 30 of the 1945 Constitution.
“It is stipulated that TNI may not be involved, nor involve itself, and can’t be involved in non-defense or security matters except in certain situations,” said Jimly as quoted by kompas.com in Jakarta on Wednesday, among those situations are counterterrorism operations.
(Read also: Military involvement in counterterrorism ‘last resort’: Commission)
“There has been growing pressure for military involvement in counterterrorism operations following recent bomb attacks in the country. It’s OK as long as it doesn’t exceed what has been regulated,” Jimly said.
“Based on prevailing regulations, in certain conditions, the TNI can take on [civilian] roles. It cannot be involved in these roles unless it is based on requests,” he added.
Jimly was one of law experts and independent people who were invited by then coordinating political, legal and security affairs minister Luhut Pandjaitan on Jan. 23, 2016, to give input on the revision of the 2003 Terrorism Law. (ebf)
