Law No 13 of 2003 On Terrorism

The terrorist incidence in Kampung Melayu on May 24, 2017 has likely become the serious attention of President Jokowi. President Jokowi was looked likely unhappy and sad to realize that it was  apparently the terrorist incidence in Kampung Melayu to be  undetected before so the respective terrorist incidence to have happened with a number of civilian wounded.

President Jokowi was likely of the feeling to be failure to protect the security of the Indonesian inhabitant. However he realized the Police to have worked hard and the threat is not a simple criminal terrorist action. President Jokowi definitely decided the more perfect system of the security precaution for the Country and especially the Inhabitant should be made.

The terrorist attack of Kampung Melayu has been also analyzed and it is believed to have the connection to the foreign terrorist  threat of ISIS. So both President Jokowi and the Commander of TNI General Gatot Nurmantyo are of the opinion the terrorist activities to be faced by the Indonesian People now is not just a criminal act but the political threat against the sovereignty of the Country of Indonesia.

Finally President Jokowi supported by General Gatot Nurmantyo were strongly believed to be in the strong will that the Security System against the terrorist threat of ISIS namely the Law No 13 of 2003 should be amended to make it more credible. Both of the national leaders were likely of the opinion the threat is definitely not enough to be faced by the Police and accordingly  TNI has to be involved in the mission to crush the terrorism.
 
Instantly President Jokowi in a Cabinet meeting held in Bogor Palace on May 25, 2017 one day after the terrorist incidence in  Kampung Melayu instructed Minister of Political, Legal, Human Right and Security Affairs to strongly insist the House of  Representative to amend the Law No 13 of 2003 on Terrorism in line with the firm intention of President Jokowi it is explicitly stated TNI has also has the mission to eradicate the terrorism.
    
President Jokowi especially insisted that in Law No13 of 2003 on Terrorism (after amended) should clearly stated that TNI has the mission to protect the country from any attack of any actual    threat to include the political terrorism. President Jokowi is of the Opinion Law on Terrorism should be firm, pertinent, complete and accurate. TNI is definitely the national power and the declaration of the involvement of TNI to eradicate the political terrorism is the firm Government Policy. The State policy   showing the Country is seriously rejecting ISIS and its Caliphate Political Ideology.

President Jokowi is clearly realizing that any movement of TNI unit for any military operation should be definitely only based on the Presidential Command and Order. President Jokowi is also realizing aside of War TNI based on Art 7 of Law No 34 of 2004 on TNI, based on the President of The Republic of Indonesia's command and order TNI could conduct the military operation to eradicate the terrorism.

However the Country is facing serious situation affected by the actual ISIS terrorist threat that could last for a long period.
Accordingly President Jokowi is of the  opinion the mission of TNI to eradicate the ISIS threat also should be specifically stated in Law no 13 0f 2003 (after amended) Though the mission of TNI to eradicate the terrorism is mention in Law No13 of 2003 on Terrorism and in Law No 34 of 2004 but certainly there will never be any confuse and contradiction on the field. Those two Laws  could be only implemented based on the Presidential command and order as the Supreme Commander of TNI.

The request of President Jokowi to the House of Representative on the amendment of Law No 13 of 2003 on Terrorism and especially stating  TNI also has the mission to eradicate the political terrorism has not been unluckily understood by various groups of Politician, scholar, members of the House of Representative and Observers.

The stressing of the mission of TNI in the eradication of terrorism in Law No 13 of 2003 on terrorism is to indicate the seriousness of the Country to eradicate the terrorism. But according to the political concept of the Reform Era the political right of TNI should be limited just as the Defense Forces against  any foregn theat.

Chief of Commission III of The House of Representative Bambang Sulistyo is strongly opposing the Presidential request saying that to state the specific mission of TNI to eradicate the terrorism  in Law No 13 of 2003 (after amended) is a real setback of  thinking, because  the mission of TNI has been stated in Artc 7 of Law No 34 of 2004 on TNI.

Law No 34 of 2004 on TNI is strongly adoptiong the Spirit of the Reformation Era to limit the role of TNI just as the Defense Power against the Conventional Warfare. Any TNI military operation aside of Defense should be especially discussed and the decision should be made by the President and approved by The House of Representative.
 
One Researcher of the Indonesian Science and Research Institute (LIPI) Hermawan Sulistyo feels concern to the implementation of Human Right Principles that should be respected in the eradication of terrorism. The principles of War applied by TNI is to destroy the enemy forces totally without any human right consideration but in the Eradication of terrorism the objective is more focused on  the capture of the terrorist humanly and legally. So the involvement of TNI to eradicate the terrorism should be legally and accurately processed.

However most of analyst argues ISIS is organizing the military force to occupy any strategic area such as in Syria and Marawi, the Philippines. The ISIS terrorist threat is the actual threat to the Country of Indonesia. The mission of TNI is to prevent the effort of ISIS to establish the so called  "The Liberated Area"  in Indonesia as its power base for its further Political Adventurer. TNI has originally the capability to conduct the conventional and in-conventional Warfare (Intelligent and Teritorial Warfare). Based on the respective capability TNI could destroy the enemy forces and strengthening the people's resistance against the enemy's  psychological warfare namely the ISIS  threat.

Definitely TNI will not conduct any criminal detection or legal investigation to any suspicious terrorist object. TNI will not take over the Police mission. TNI is good in conventional battle  and Intelligent and Territorial Operational Warfare but not in criminal detection and investigation.

Publicly based on research most of the people have no any objection to the involvement of TNI in the Effort to prevent the development of the ISIS terrorist in Indonesia. The result of the  Research is indicating various people are of concern to the possible human right violation by TNI member but they believe all the TNI units are under firm command and control by its respective Commander.

The majority of the People realize that in almost all the countries in the World included in Western Countries the Involvement of the Military to solve any critical domestic   security situation happen in the Country is normal Governmental System.  

However people tend to remind the involvement of the Military in coping with the internal security disturbance such as terrorism  should be just intended to support the Police mission. The  involvement of TNI to cope with the domestic security disturbance should be always of the Police request.

Has not yet finished

Law No 13 of 2003 on Terrorism was made to process the terrorist incidence of Bali Bombing as criminal action in 2002. But now the case of Marawi in the Philippines is indicating the ISIS was trying  to influence the Maute People to create the power base in the Southern part of the Philippines. The Maute people are the religious tribe and characterized by the separatist idea. This kind of the situation is expected would not happen in Indonesia.
Accordingly President Jokowi is likely of the strong policy that the Country of Indonesia should utilize optimally the TNI capability on Conventional Warfare (professional in the conventional battle) and professional in the In-Conventional Warfare (Intelligent and Territorial) Warfare.

This two Warfare Capability were popularly used to counter the Commuist threat after 1965 and during  TNI mission to the island of Pacific/Haiti, in Cambodia, Afrika and Middle East now as the UN Peacekeeping Force.

Meanwhile a group of people called the civilian coalition are in principle demanding President of the Republic of Indonesia they are insisting in any Presidential decision to utilize TNI for the Military Operation beside of War such as terrorism it is requested to utilize Article 7 of Law No 34 of 2004 on TNI. The utilization of TNI in the Operation against the terrorism based on Law No 13 of 2003 (after amended) should be only  based on the Police request and under the Police Command. This demand is definitely rejected by the Presidential Office.

President Jokowi is wishing the mission of TNI to eradicate the  terrorism should be stated clearly in Law No13 of 2003 on Terrorism (after amended).

Until now the problem on the involvement of TNI in the Eradication of Terrorism is still hanging. The amendment of Law No 13 of 2003  has not yet finished Observer tend to consider President Jokowi  is in serious intention to eradicate the embryo of the ISIS atual threat to the Country of Indonesia. The Maraewi incidence is definitely the military effort of ISIS to establish the power bases in Mindanau.

President Jokowi is realizing this knd of situation is too hard  to be accomplished by the Police. That kind of threat is definitely not the Police mission to cope with. It is the mission of TNI to prevent the rise of the ISIS military threat.

Definitely TNI with its capability could be involved in this mission based on Article 7 of Law No 34 of 2004 on TNI and explicitly based on Law No 13 of 2003 (after amended) which clearly states TNI has also the mission to eradicate the terrorism. Observer is of the Opinion the legal formulation in Law No 13 of 2003 (after the amendment) oncerning the mission of TNI could be likely composed as follows:

The Government Action Against the Terrorist Threat faced by the Country: The Terrorist  Activities as the Criminal Action disturbing the Peaceful Life of the Indonesian People and the Terrorist Activities as the Political Action Posing the Actual Threat to the Country of Indonesia is definitely potential to  happen at any time presently in ndonesia.
 
To cope with the situation The Police and The Indonesian National Armed Forces (TNI) could independently, jointly or combinely  conduct the Security Operation needed.
 
The Operation are only done after it is approved by The President of the Republic of Indonesia as the highest Authority of the Country Sovereignty Holder.

*) Political and Security Observer.