The groups cited the dubious success rate of past and present joint manhunt operations involving the Indonesian Military (TNI) that targeted members of extremist groups.

Commission for Missing Persons and Victims of Violence (Kontras) deputy coordinator Rivanlee Anandar called on the government to instead conduct an audit to evaluate the efficacy of ongoing joint police-military operations, such as the Tinombala operation.

The Tinombala operation has recently returned to the public spotlight following the alleged terror attack last Friday by the East Indonesia Mujahiddin (MIT) at a local village in Sigi regency, Central Sulawesi, in which four people were killed and six houses were destroyed.

The joint operation was established in January 2016 following its predecessor, the 2015 Camar Maleo operation, to hunt down then-MIT leader Santoso and his supporters in neighboring Poso. The operation has been extended several times, most recently in early 2019 amid speculation that the group had recruited new members. The extension expires on Dec. 31, 2020.

Rivanlee said an audit was crucial to assessing the inherent strengths, weaknesses, opportunities and threats of the newly proposed Perpres, while the alternative would bypass the necessary checks and balances.

“If the Perpres continues to be deliberated, […] it would be the same as giving carte blanche to the military, which is dangerous,” hr said as quoted by tempo.co on Tuesday.

Rights and security researcher Ikhsan Yosarie of the Setara Institute held a similar view on the proposed Perpres, and emphasized that it was vital for the government to consider public feedback when deliberating such a contentious regulation.

He also warned that if the Perpres were passed, it would result in an overlap of the core functions and responsibilities of relevant state institutions, including the TNI.

Formulating a Perpres to specify a counterterrorism role for the military is permitted under the 2018 Terrorism Law. The law already allows the TNI to combat terrorism through military operations other than war, but the provision lacks detail.

The draft Perpres, a copy of which was obtained by The Jakarta Post, stipulates three main counterterrorism functions for the TNI: terrorism prevention that is broader in nature, the use of “deterrence” instruments and deradicalization efforts, and the use of force in enforcement measures. As part of the deterrence instruments, it also grants the military the authority to conduct intelligence and territorial operations, as well as unspecified operations to be determined by the TNI commander,

Ikhsan noted that provision on “deterrence” of terror acts was too broad and therefore contradicted the 2018 Terrorism Law, which only regulated “prevention” of terror attacks. He suggested that all matters related to prevention and rehabilitation be delegated to other state bodies that were originally founded on these objectives, such as the National Counterterrorism Agency (BNPT).

“Tasks related to rehabilitation and reconstruction should be carried out by the Religious Affairs Ministry, the Agency for Pancasila Ideology Education (BPIP), the Education and Culture Ministry, the BNPT and other departments,” he said.

Ikhsan went on to say that military involvement should be reserved only as a last resort in the event of significant escalation of terror acts beyond the power of civilian law enforcement agencies. The proposed Perpres should also specify the escalation of terror that warranted military involvement.

The draft Perpres outlines several terrorism scenarios that permit direct military involvement and the use of force, which includes high-escalation terror attacks that endanger Indonesia’s state ideology, sovereignty or territorial integrity. However, the TNI is only permitted the use of force by direct presidential order.

Its critics therefore view the Perpres 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 lean toward a more coercive approach.

This is not the first time plans to expand the TNI's counterterrorism role have surfaced, with the earliest occasion dating back to 2016 when the government proposed the 2018 terrorism bill to amend the 2003 law on terror.

Proponents of the proposed Perpres, including some terrorism experts, reportedly called on Jokowi to sign it immediately following alleged MIT attack in Sigi.

Meanwhile, the TNI is deploying a special unit to Poso to assist in the police manhunt for the remaining MIT members. (rfa)