REPUBLIKA.CO.ID, By: Lieutenant General (Ret) Soedibyo *)
A discussion held recently by a group of persons in a prestigious University attended by around 50 Participants had expressed their strong critique to the security operation implemented by the Police mainly the 88 Special Police Detachment in crushing a group suspected as the terrorist supporters and also their hatred attitude against the Military. Theme of the discussion was the Revision of Law on Terrorism and the Military Threat. A number of sharp statement and strong demand had been expressed by one of the Presenter. However no special conclusion is monitored.
Below are a number of the sensitive issues raised in the discussion and the comment to rectify and to clarify those wrong or mistake ideas. First, issue on the security protection of the Islamic society and the Human right of the society on general was not respected. The killing of someone among a group of Islamic people suspected as the supporters of the terrorist was apparently offending the Islamic society and the human right in general. The clarification on the first issue is as follows, this kind of complains have been also raised by various Islamic leaders and it is important to be clarified that the target of the Police Operation was not Islamic society but a group of people suspected as the supporter of the terrorist group. To protect the security and the human right of the Islamic society it is important for the various Islamic groups to protect the holy characters of holy Islam religion in order not to be manipulated by the terrorist group for their interest.
Second issue is the plan to revise Law on Terrorism, it is criticized that the idea to revise The Law on the Elimination of Terrorism will apparently threaten the freedom of the civilian activities. Our comment to the second issue namely the Revision of Law n Terrorism is as follows; the draft of the Revision has been composed by the House of Representatives. It will be discussed timely according to the schedule. The revision of the Law on Terrorism is intended to intensify the coordination and the cooperation among the parties involved in the effort to eliminate terrorism. The application of Law in this country can be filed to the Constitutional Court as against the Constitution by any organization in this country, if is considered against the democracy and human rights.
Third issue is the critique of the involvement of the Military in the security operation. The discussion said, unfortunately the plan to revise the Law on The Elimination of Terrorism will legally increase the operation of repression and incidentally also to involve the Military power that it is identified to be vulnerable for human rights violation. The response to the third issue on the Military participation in the security mission is as follows : The draft of the revision of the Law on Terrorism is designed by the House of Representatives and all the members of the House of Representatives are the politician members of the Political Parties. There is no more member of the House of Representative who are the active member of The Indonesian National Armed Forces (TNI) and also member of The State Police. During the Reformation Era TNI and the State Police have no political function. There is no military involvement in the process of the revision of Law on Terrorism.The involvement of TNI in the Security Mission is to support the Police and being implemented based on State Regulation concerning Emergency Situation.
Fourth issue raised in the discussion was the problem concerning the character of Terrorist elements, it was said the repressive Operation by the Government Security Force against the terrorist is analyzed as an in-effective action to eliminate the terrorism. However no proposal could be raised what is the pertinent action could be suggested to face the terrorism.
The Elimination of terrorism is not done only through the military operation. The military operation of the 88 Special Police Detachment is also backed by the social and economic operation to prevent the increase of the extreme, radical and brutal character among especially the new generation. BNPT is one of the Government institution that will increase the cooperation among the Government organizations and Mass organizations to launch the social and economic activities to eliminate all bad situation and condition may influence those young generation to join the terrorist group.
The fifth issue raised in the discussion was concerning the important existence of the peace and security situation in a country. It was said the Security Situation is definitely one of the important interest of the country. Accordingly the Security Situation is important to be developed, but it should be done proportionally. Those statement is definitely correct and the existence of the Military and the Police are certainly important. All the Police and the Military operation are conducted based on Standard Operating Procedure that is composed based on all of aspect of the regulations applied in this country. So that all the security operation will be conducted proportionally.
The sixth issue was the involvement of the Military in the security mission, it was criticized that the increase of the role of the Military because of the increase of the security demand will certainly increase the Military power to control the people life. This certainly will decrease the implementation of democracy and human right in the people life. The Military certainly to have no right to command and to control the civilian. The Military has no any channel to command and to control the civilian. However the Military should work together with the Civilian Government and also mass organization to convey the Military idea and the Military Support in the Combined Operation to prevent the grow of extremism, radicalism and brutalism within the mind of the young generation.
The Seventh issue was the critique concerning the idea to publish the Law on the National Security. It was said that Law on the National Security is not the urgent demand of the Country. The comment is as follows; the publication of any Law should be backed by Academic Paper. Academic Paper is an analysis of the situation composed by the Government to conclude the need to publish the Law concerns. The House of the Representative will study the Academic Paper concern to decide whether or not the Law concerning the problem analyzed in the Academic Paper is needed to be published. The composing of draft on Law as proposed in the Academic Paper raised by the Government will be done if the proposal by the Government in its Academic Paper is agreed by The House of Representatives.
The eight issue raised in the discussion was the special role of the Military and the Police in the security mission: It was said the Military and the Police as the Security Apparatus of the Country are demanding people to support all of its decision concerning the security effort. The Security institution tends to have the opinion that it has the right to push all the agenda concerning its mission to handle the Security Situation.The Security of the country is a highest necessity, but the repressive action to establish the peace and the security of the country should not be done against the human right of the Citizens.
It is also important that the description of the mission of the Military and the Police to be clarified clearly and sharply to avoid the distortion of the implementation. However in case of emergency situation the State Police could ask for the Military support operationally. People should not be worry and pessimistic on the need of protection of the human right and the implementation of democracy.
The discussion by those group of people held in one prestigious university certainly was not indicating a general view of the Indonesian society. The Islamic Society should realize that to protect their interest, they should clean up their Islamic community from possible infiltration and manipulation by the element of terrorist. The Police and the Military security operation are not targeted to the Islamic communities, but it is targeted to the group of people suspected as the terrorist supporter eventually manipulating themselves as the member of Islamic society. The participation of the Military in the Security Operation is caused by the increase of threat of the terrorist and conducted based on the Law published by the House of Representatives.
*) Former chief of State Intelligence Coordination Agency (BAKIN).
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