Max Lane
On October 1, Indonesian president-in-waiting Susilo Bambang Yudhoyono said he would study and possibly review a controversial military bill that was adopted by the outgoing House of Representatives on the last day of its five-year term on September 30. The law will take effect on October 30, with or without presidential consent.
The new law on the Indonesian Armed Forces (TNI) was meant as a codification of the role of the military in the post-Suharto period. It was submitted to the parliament by President Megawati Sukarnputri's government on August 23 after being mainly drafted in TNI headquarters. In its original form, it explicitly codified the existing structure and role of the TNI, including legalising the territorial command structure of the TNI and its ownership and management of businesses.
The main organised opposition to the bill initially came from human rights organisations, student groups and the left political organisations. However, after the July presidential election, some of the mainstream parties also began to voice criticisms, including the National Awakening Party (PKB) and later Megawati's own Indonesian Democratic Party of Struggle (PDIP).
The PKB, PDIP and some others began to support popular demands for the dismantling of the TNI territorial structure. This structure places TNI units of one size or another at all levels of society, from the national centre down through the regions, provinces, sub-provinces and villages. During the Suharto period, it acted as the enforcement arm for the dictatorship's policies, especially in repressing popular opposition and discontent.
As well as demanding the scrapping of the TNI's territorial structure, the human rights, student and political left organisations demanded the placing of the TNI's commander-in-chief directly under the authority of the defence minister, rather than the president. This would have denied the commander-in-chief a position in the cabinet.
In the week leading up to the adoption of the bill, the parliamentary working group formulated amendments that would have abolished the territorial structure. However, the final draft that passed into law on September 30 drew back from such an explicit reform.
Instead, the law removed any reference to the territorial structure while including clauses that set criteria for the placement of troops, for example in zones of conflict and where there was a possibility of external threat. This, of course, offers no threat to the TNI presence in Aceh, Papua or Ambon.
The legislation requires presidential authority for the establishment of any specific territorial command in a specific region. PKB, PDIP and some Golkar politicians are claiming that this represents the delegalisation of the territorial structure and would allow for its dismantling, starting in Java. On the other hand, the current home affairs minister, Hari Sabarno, who is also a senior army officer, has stated that the new law is compatible with the current arrangements and that no changes will be required.
The new law also requires that the government take over all TNI-owned businesses within five years.
This outcome is a good reflection of the current balance of forces between the ruling elite and popular sentiment. While protest actions against the bill were relatively small, the whole of the political elite knows that the military remains highly unpopular.
Before July's first round of the presidential election, there was much talk about a swing in voter support for former army generals like Wiranto or Yudhoyono reflecting a return to the military rule of the Suharto years. However, the failure of either Wiranto or Yudhoyono to galvanise any enthusiasm for their election campaigns was interpreted by commentators to mean that no such pro-military sentiment existed.
In the second round of the presidential election, held on September 20, Yudhoyono went out of his way give himself a civilian and reformist image. In the post-election posturing, the PKB, PDIP and even Golkar want to present themselves as supporting reform of the TNI.
Accommodating to public criticism of the new law, Yudhoyono was reported by the October 1 Jakarta Post as saying he would examine if it contradicted the constitution.
From 91×ÔÅÄÂÛ̳ Weekly, October 6, 2004.
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