Validity of Security Guarantee

ANTARA FOTO/HUMAS MABES POLRI

A terror inmate raises his hands in surrender as he exits the Mobile Brigade headquarters (Mako Brimob) detention center on Thursday (10/5/2018) in Kelapa Dua, Depok. The inmates surrendered following the end to a 36-hour standoff with police, who transported 145 terror inmates to the maximum security Nusakambangan prison island in Central Java.

The bloody tragedies of the terror inmates at the National Police’s Mobile Brigade headquarters (Mako Brimob) and the suicide bombings in Surabaya and Sidoarjo a few days ago, whatever their motives, were evil acts that we must condemn together.

This nation is in mourning, and we are all grieving while praying for the strength and patience of the victims’ family and the souls of the police officers and other innocent victims killed in the incidents.

President Joko “Jokowi” Widodo and other high-ranking officials, the political elites and community leaders from across the nation have also condemned the deadly incidents while calling for the entire nation to fight terrorism as one. Moreover, the President is ready to issue a government regulation in lieu of law (Perppu) if the House of Representatives is unable to finish deliberating the Terrorism Bill by June.

Surely, it is our obligation to unite under the government’s call to combat terrorism and radicalism. Thus, the government could initiate an organized civil movement, like the one the Indonesian Military (TNI) formed to fight the rebel group DI/TII and G30S/PKI in the past. However, in considering the timing, this method is not the correct one. After all, we are now in the political year ahead of the 2019 general election. Do not let this good intention turn into a boomerang that could discredit the government.

So the only choice that can be made immediately is to optimize the state’s security apparatus, namely the TNI, the National Police, BIN and the National Counterterrorism Agency (BNPT), as well as related ministries and institutions. With the support of the people, the efforts to prevent and eradicate terrorism and radicalism will be effective. For that purpose, one thing we must understand is how the national security system (siskamnas) is regulated. Has the existing security system been able to ensure security for the entire nation and population, including security from the threat of terrorism?

On the other hand, as a democratic country, we must implement a universal standard under which security is an output of the civil system and therefore, the civil apparatus and civil methods must settle security issues. However, if the civilian way and civilians (including the police) fail or might fail and cause fatalities, it must become the responsibility of the military and dealt with using military methods.

KOMPAS/DIDIE SW

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‘Siskamnas’ bias

In talking about the current security system, we must acknowledge that the system is inseparable from how the New Order managed national security for 34 years. Through MPR Decree No IV/MPR/1978 and Law No. 20/1982, the basic national development capital of the Indonesian Armed Forces (ABRI) was given two functions, national defense and security and social politics.

Its national defense and security function did not combine the two independent roles of defense and security into a single function.

National security was synonymous with defense in the New Order era. This is proven in the ABRI Commander holding sole responsibility over national security, which included the affairs of "safety and public order” under the duties of the police, while the police were placed structurally under ABRI’s central command.

Unfortunately, during the Reform Era, policymakers made a number of legislation governing security affairs and divided security and defense into two functions, with defense tasked to the TNI and security tasked to the police. The National Police was then tasked with managing domestic security (kamdagri) as stated in Articles 4 and 5 of Law No. 2/2002 on the National Police. Furthermore, the role of the police that was designed as part of the judicial system early in the Reform Era appeared to replace ABRI’s role under the New Order, albeit with a number of restrictions, especially on those that do not fit the flavor of democracy.

Then, the second question to be answered is: What authorities, powers and abilities ensure that the Police will be able to deal with the country’s internal problems? Articles 13-19 do not regulate the authority of the police to deal with combat and intelligence or counterintelligence operations in law enforcement.

The spectrum of domestic security issues – from legal violations to public order and to armed rebels, as well as the very nature of terrorism and radicalism – cannot all be dealt with police methods and actions.

On the other hand, in handling security issues that threaten humanity with a speedy response, the existing laws do not regulate the relationship between the police, the TNI, BIN, and several other ministries and agencies, and even the Office of the Coordinating Politics, Law and Security Affairs Minister is not yet integrated by law into a national security system that provides security guarantees, particularly on issues that civilians cannot handle – including the police with their civilian methods – especially if it is likely that there will be casualties. Then, under which security apparatus can the state guarantee the safety of the nation’s citizens?

In the case that a humanitarian problem arises, especially one that is accompanied with casualties such as the suicide bombing tragedy in Surabaya and Sidoarjo, no other law enforcement officials will be responsible except the National Police chief. Meanwhile, the Coordinating Politics, Law and Security Affairs Minister must bear the ensuing burden of political responsibility.

ANTARA FOTO/INDRIANTO EKO SUWARSO

Police officers on Thursday (10/5/2018) seal the area in front of the Mobile Brigade headquarters (Mako Brimob) in Kelapa Dua, Depok, West Java, following a riot and prison siege at the detention center. Police stormed the Mako Brimob detention center to end the 36-hour standoff and transported 145 of the 155 terror inmates that rioted to the maximum security Nusakambangan prison island in Central Java.

Restructuring national security

Taking lessons from the bloody tragedy above, in addition to the issue over the draft law on terrorism, it is now a good time for the state, with all the legitimate authorities that it holds, to immediately restructure the national security system so that it is able to assemble and integrate all of the state\'s law enforcement apparatuses into a valid system; one that can be rationally and objectively to guarantee security for all the nation’s children and other peoples without having to violate democratic norms.

The substance behind restructuring the security system is the need to redefine the authority of hierarchical command and responsibility and to form an integrated relationship between all ministries and institutions related to security into a holistic systems. The nation needs to immediately establish a National Security Council (Wankamnas) that is authorized to determine who will deal with security issues, particularly those involving humanitarian issues and requiring rapid response, whether it should be the civilian branch, including the police, or whether it should be handed over to the TNI.

Especially regarding the issue of terrorism, the Wankamnas would also be authorized to take persuasive, educational and preventive measures as well as to facilitate the role and function of the BNPT.

Another important point is how the government will nurture diversity through religions that are based on a contextual understanding of religious verses and in accordance with the asbabun nuzul – the narrative that accompanies the verse – and not on a mere literal understanding that sometimes turns religion into a source of humanitarian catastrophe.

Saurip Kadi, Major General (ret.); Former Army Chief of Staff territorial assistant