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Indonesia Military Role in Prosecutor Protection Sparks Debate
Capital – May 23,2024 – The Indonesian government’s new regulation authorizing military protection for prosecutors is generating controversy. Signed into effect recently, the directive allows prosecutors to request state security from the military (TNI) and police. Why is this happening? Concerns are being raised about potential military overreach into the judicial system and whether the military should be involved. This issue is attracting the attention of legal experts, human rights groups, and the public alike, whose perspectives should be taken into account.
Indonesia’s Military role in Prosecutor Protection Sparks Debate
A presidential regulation in Indonesia authorizing military (TNI) and police protection for prosecutors is facing scrutiny. Observers are questioning the necessity of the measure and raising concerns about potential military interference in the judicial system.
Presidential Decree Authorizes Military protection
President Prabowo Subianto signed the regulation last week, enabling prosecutors to request state protection for themselves, their families, property, or other assets. This protection would be provided through the assignment of TNI members and police officers.
Concerns Over military Overreach
The new regulation follows a recent directive from TNI chief Gen. Agus Subiyanto, which deployed military personnel to secure prosecutors’ offices nationwide. This has amplified concerns about the military’s expanding role under the current administration.
Did you know? Indonesia’s legal system operates under a dual structure, with both civil and religious courts. The Attorney General’s Office plays a crucial role in prosecuting cases across this system.
Expert Analysis: disproportionate Response?
Rizal Darma Putra,executive director of the Indonesia Institute for Defense and Strategic Studies (Lesperssi),acknowledged the president’s authority to order extra security for prosecutors. However, he questioned the involvement of the TNI, suggesting the police could have managed the task.
Unless the police say they aren’t capable, it’s unclear why the President saw the need to escalate the protection detail to involve TNI members, who are trained to take down threats in combat […].
Rizal Darma Putra, executive director of the Indonesia Institute for Defense and Strategic Studies (Lesperssi)
Mr. Putra made this statement on Tuesday, highlighting the debate over the appropriate level of security response.
Rights Group Warns of Potential Interference
Hendardi of the Setara Institute, a human rights institution, expressed strong concerns about the regulation’s implications.
Rather than involving the TNI in civilian positions and law enforcement, which might hamper their professionalism, the President should instead pay more attention to improving [accountability] in the military and enhancing its professionalism in the defense sector.
Hendardi of rights group Setara Institute
Hendardi argued that the regulation was substantively and procedurally flawed
and could lead to the TNI’s involvement in the Attorney General’s Office’s (AGO) prosecutions and investigations.
pro Tip: Understanding the past context of military involvement in civilian affairs in Indonesia is crucial. The “dwifungsi” doctrine, which historically assigned a dual function to the military in both defense and socio-political roles, has been a subject of ongoing reform.
Call for Focus on Military Professionalism
The Setara Institute emphasized the importance of maintaining the military’s focus on its primary defense responsibilities and improving accountability within the armed forces.
