he government has proposed a new regulation to allow greater military involvement in curbing terrorism but which lacks clear accountability, much to the concern of analysts who view it as a move that may lead to a repressive approach by the Indonesian Military (TNI).
The presidential regulation (Perpres) to specify such a role is mandated by the 2018 Terrorism Law, which already allows the TNI to combat terrorism through military operations other than war — but not in detail.
The draft Perpres, a copy of which has been obtained by The Jakarta Post, stipulates the TNI’s three main roles, namely the prevention of terrorism, enforcement measures that allow the use of force and deradicalization efforts. It also grants TNI the authority to conduct intelligence and territorial operations as part of the prevention measures.
It outlines several terrorism scenarios that allow for the TNI's direct involvement and the use of force, including when there are attacks against a sitting president, vice president or their families; former presidents or vice presidents; and high-ranking visiting state guests. It also allows for the TNI’s direct involvement in highly escalated terror attacks that endanger the state ideology, sovereignty or territorial integrity. The use of force by the military, however, is only allowed by order of the President, according to the draft regulation.
The Perpres is therefore seen by critics as pivotal in determining whether Indonesia will stick with the criminal justice framework to deal with terrorism, an approach that has won praise from the international community, or tilt toward a more coercive approach.
Read also: Critics urge govt to revise draft Perpres on TNI’s antiterror role
This is not the first time there have been plans to expand the TNI's role in counterterrorism, which dates back to as early as 2016 when the government proposed the 2018 terrorism bill to amend the previous 2003 law.
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