TNI, National Police in 2018 Regional Elections
The dynamics of the 2018 elections of regional heads are being colored by candidates from the TNI and the Polri.
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The dynamics of the 2018 elections of regional heads are being colored by candidates from the Indonesian Military (TNI) and the National Police (Polri).
Five generals will contest the elections in West Java, North Sumatra, East Kalimantan, Maluku and Riau. At the regency and city levels, several candidates have emerged from the TNI. The participation of candidates with TNI/Polri backgrounds is not a new phenomenon. Candidates from the TNI/Polri also campaigned in the previous regional election; some of them won.
Resignation
In a democratic country, all citizens have the same right to contest the regional elections (pilkada) or the presidential election (pemilu). However, active TNI and Polri members who want to engage in practical politics by running in the regional elections are required to first resign from the TNI and Polri. By principle, active TNI and Polri members are prohibited from practical politics.
The ban is clearly regulated in Law No. 34/2004 on the TNI and Law No. 2/2002 on the National Police. Article 39, Figure 2 of the TNI Law stipulates that active soldiers are prohibited from engaging in practical politics; while Article 28, Paragraph 1 stipulates that the National Police must take a neutral stance in politics and do not engage in political activities.
The Polri Law and the TNI Law affirms the ban and actually orders Polri and TNI members not to step onto the political stage, such as in election campaigns, before they have resigned. However, several cases have emerged recently where regional head candidates with Polri or TNI backgrounds have taken a political step before they had resigned.
It would be much better for such candidates to resign immediately from the Polri or the TNI if they want to run in the regional elections. With their resignation, they will have more room and time to take their political steps.
Even though Article 7t of Law No. 10/2016 on the Elections of Governors, Regents and Mayors states that letters of resignation as TNI/Polri members must be issued after the electoral candidate pairs have been announced, it would be more appropriate if the steps toward resignation are taken far in advance of proposing the regional head candidates. According the TNI and Polri laws, active members of the military and the police are banned from practical politics.
The impact of the participation of TNI/Polri candidates on the two organizations and their professionalism needs to be considered and evaluated. Of course, high-ranking officers who have had a long service, let alone those who have entered retirement, will have a relatively insignificant impact on the organizations and their professionalism.
However, if the TNI and Polri members contesting the elections are relatively new to the service or have served for a relatively short period and their careers face a long path ahead, their decision to resign and compete in the regional elections will, of course, have a greater impact on the TNI and Polri and their professionalism.
In principle, the main duty and function of the military in a democratic country is to be ready for war. Soldiers are recruited, educated, trained and armed for their main function to face any possible threats from other countries. The main function of the TNI is to be an instrument of the state. Meanwhile, the main duty and function of the National Police is to uphold the law, maintain security and public order, and protect the people.
In this context, it is deplorable if officers who still have long career path ahead of them abandon the main duty and function of the military or the police, which are so noble, in order to compete in the regional or general elections. Moreover, TNI/Polri education and training are long and layered in order to achieve professionalism. It is thus better for them to focus on a singular commitment to the TNI or Polri.
TNI/Polri neutrality
It is difficult to imagine the impact on the organization and professionalism of TNI/Polri if many active TNI/Polri members with brief services flock to the regional and general elections as potential candidates, and then resign; that those who are prepared to become TNI/Polri leaders end up resigning because they want to compete in the regional elections. Even though such a scenario is unlikely, the TNI/Polri leadership must anticipate it. In this context, internal rules with regard to this problem must be established in order to keep the organizations’ wheels turning, and professionally.
The surge in the number of regional election candidates from the military and the police will certainly be a big challenge for the TNI and Polri in maintaining their neutrality. The stances taken by the TNI Commander and National Police Chief, who insist that their personnel are neutral in the regional elections, is a good step. It is is expected that the strict stance of these leaders will be obeyed up to the lowest levels of the two institutions.
Learning from the presidential election in 2004 and 2014, as well as the last regional elections in the Riau Islands, we know that there will be crooked personnel who will engage in practical politics through various ways, from providing means or facilities to a particular pair up to encouraging voters to elect a specific pair, which will cause unrest and controversy later.
In a democratic country, it is imperative for the military and police apparatuses to remain neutral and be professional ahead of and during the regional elections. Taking the side of a particular candidate or using the political situation for other purposes constitutes a deviation from professionalism that must be avoided. In this context, the professionalism of these institutions is highly important and necessary to ensure that the regional elections proceed safely and peacefully. This must be realized through their independence and focus on ensuring security that is in keeping with their functions and duties. Institutions that take the side of one of the candidates act not only against the principle of fairness in the regional elections, but will also threaten the security of the regional elections.
In the present context, the political contest must be carried out within a democratic mechanism and using methods of political science. Political parties should not use the regional elections as a springboard for the presidential election later. They should not seek to garner support from the institutions from whence they originated or through intelligence mechanisms, or any other non-democratic way. Even if disputes over the election results might arise later, all parties must continue to use the available legal channels and mechanisms.
Al Araf
Imparsial Director
