2024-08-16 20:43:43
Illustration of the Indonesian House of Representatives Building. Photo Illustration: Ricardo/JPNN com
jpnn.com – Imparsial openly stated that the draft amendment to Law No. 34 of 2004 concerning the TNI violates the constitution.
This assessment was conveyed by the Deputy Director of Imparsial, Ardi Manto Adiputra, after his party examined the problem inventory list (DIM) document for the TNI Bill on Thursday (15/8).
“In the DIM, one of the proposals is that the TNI, especially the TNI AD, be given the authority to enforce the law on land. Imparsial considers the proposal to be very threatening to democracy and human rights and deviates far from the 1945 Constitution of the Republic of Indonesia,” said Ardi as quoted from his press release, Thursday night.
He explained that Article 8 letter b in the DIM states that “The Army is tasked with enforcing the law and maintaining security in land areas in accordance with the provisions of national law and international law.”
Imparsial views that expanding the role of the TNI to become a law enforcement apparatus is wrong and contradicts the mandate of Article 30 Paragraph (3) of the 1945 Constitution which states: “The Indonesian National Army consists of the Army, Navy and Air Force as state apparatus tasked with defending, protecting and maintaining the integrity and sovereignty of the state.”
Then, Article 2 Paragraph 1 of MPR Decree VII of 2000 concerning the Role of the TNI and the Role of the Polri which reads; “The Indonesian National Army is a state apparatus that acts as a defense tool for the Unitary State of the Republic of Indonesia”.
“It is important to remember the raison d’etre for the formation of the military, which was solely formed as a means of national defense to face the threat of war. The military was never intended to serve as a law enforcement officer,” he said.
Ardi said that on the contrary, the military is trained, educated, prepared, and armed for war. The involvement of the military in law enforcement will cause overlapping authority with other law enforcement officers.
Imparsial said the TNI Bill violates the constitution after finding articles that threaten democracy in the inventory list of problems. Here are the articles.