The North Star for UU TNI’s Revision is Called The International Humanitarian Law
The proposed revisions to the Indonesian Armed Forces Law (UU TNI) have ignited fervent debates and concerns among a diverse array of stakeholders, including victims of human rights abuses, academics, journalists, and civil society organizations (CSOs). The news has shone a spotlight on potential changes that could potentially bestow the military with enhanced powers in non-war activities and civilian institutions, thus sparking legitimate apprehensions regarding the repercussions of such amendments. Striking an equilibrium between civilian authority and a proficient defense force is of paramount importance. The lingering question is: How can we navigate this delicate balance? One promising solution emerges — to anchor the Indonesian Armed Forces (TNI) within the boundaries delineated by international humanitarian law (IHL).
The Pivotal Role of IHL
Within the framework of IHL, two primary categories of armed conflicts exist: international armed conflicts (IACs), involving States, and non-international armed conflicts (NIACs), encompassing States and non-governmental armed groups or purely armed groups themselves.
In the realm of IACs, IHL comes into play when two or more States engage in a military confrontation, be it a declared war or the occupation of a State’s territory. Irrespective of the justifications behind the use of force, any military actions governed by IHL are categorized as intentional aggression. Even seemingly minor incidents, such as border skirmishes or the capture of a single prisoner, can trigger the application of IHL.
In the context of a NIAC, IHL applies when the level of violence surpasses what can be addressed by standard law enforcement mechanisms. Whenever a State deploys its armed forces, IHL becomes applicable. Factors that influence the existence of a NIAC include the number, duration, and intensity of confrontations, the weaponry and military equipment employed, the quantity and type of munitions discharged, the size and composition of the combatant forces, the extent of casualties and damage incurred, and the displacement of civilians from conflict zones.
UU TNI Revision and Military Professionalism
News reports have unveiled a leaked document that hints at potential revisions to Article 7 of UU TNI, which governs military operations and activities other than war (MOOTW). The proposed revisions extend the purview of MOOTW to encompass emerging domains such as countering cyber threats, addressing narcotics issues, and supporting national development initiatives.
Furthermore, there are suggestions to amend Article 47 of UU TNI, which would permit active military personnel to hold civilian positions in various governmental offices. These offices include the Coordinating Ministry of Maritime and Investment Affairs, Presidential Staff Office, National Counter-Terrorism Body (BNPT), National Disaster Management Board (BNPB), Attorney General’s Office, as well as other ministries and institutions that the president deems in need of support.
Indonesia, as a democratic nation, places paramount importance on civilian authority as the bedrock of its governance structure. The primary role of the military should revolve around safeguarding the nation against external threats and the use of force by other armed entities. Consequently, it becomes imperative to circumscribe the activities of TNI to those delineated by IHL. This approach not only ensures the highest echelons of military professionalism but also maintains a clear separation between the military and the political arena.
Advocating for the Civilian Supremacy
An aspect that necessitates meticulous consideration is the allocation of resources and the enhancement of competence within civilian institutions. Rather than assigning non-traditional threat management responsibilities to the military through expanded roles in MOOTW and access to civilian offices, CSOs should advocate for the strengthening of civilian organizations equipped to address these unconventional hazards. Challenges such as natural disasters, pandemics, and cybersecurity breaches demand specialized skills and expertise, but not necessarily military acumen.
As a result, during peacetime, civilian institutions like BNPB and the National Search and Rescue Agency (Basarnas) must lead the charge in planning, prevention, and disaster relief efforts. This entails the provision of logistical support, assistance with infrastructure, and the coordination of efforts across various sectors. The military should refrain from becoming involved in disaster risk reduction and management endeavors.
Safeguarding Against Authoritarianism
The concerns articulated by civil society representatives concerning the potential resurgence of authoritarianism in Indonesia are undeniably valid and warrant serious attention. To address worries regarding the abuse of power, any amendments to UU TNI must prioritize transparency and accountability. Effective oversight mechanisms should be firmly established to ensure that the military operates within the confines of its designated roles, adhering to a transparent legal framework in accordance with IHL. This will not only reassure the general public but also serve as a bulwark against any deviation from the principles of civilian supremacy and democratic governance.
In conclusion, the importance of anchoring UU TNI revisions within the parameters of international humanitarian law cannot be overstated. It provides a solid foundation for balancing civilian authority and a proficient defense force, ensuring that Indonesia remains a democratic nation that upholds the principles of civilian supremacy and accountability.
