JAKARTA, LEGAL LITERACY — Plans by the House of Representatives (DPR) to revise the TNI and Polri Laws need to be stopped. This is due to various problems that may arise from changes to the two laws. President Joko Widodo is expected not to issue a presidential letter (surpres) so that the revision of these two laws cannot be continued to the joint discussion stage between the DPR and the government.

DPR Approval and Next Steps

The DPR has approved the Bill on amendments to Law Number 2 of 2002 concerning the National Police and Law Number 34 of 2004 concerning the TNI as a DPR initiative bill on May 28, 2024. Now, the continuation of the discussion of the two bills depends on the government. The President has 60 days to send a surpres if he agrees to discuss the two bills with the DPR.

Chairman of the Indonesian Legal Aid Foundation (YLBHI), Muhammad Isnur, in a press conference at the LBH Jakarta office, Sunday (2/6/2024), stated that the government must analyze in depth and appropriately the substance of the Polri Bill and the TNI Bill. The civil society coalition found articles that could harm the future of the Indonesian nation, starting from aspects of security, inter-agency relations, protection of human rights (HAM), to democratic space.

Isnur hopes that President Jokowi will not issue a surpres for the TNI Bill and the Polri Bill. "If the President sends a surpres without critically examining the substance, there is a possibility that there is a hidden agenda. It could be that the two bills were indeed prepared by the government, but then included by the DPR. We are worried about that. Because it suddenly appeared, was proposed, and approved in Baleg quickly," said Isnur.

Criticism and Suggestions from Civil Society

According to Isnur, if President Jokowi still sends a surpres approving the discussion of the two bills, the public deserves to question President Jokowi's commitment to democracy and human rights protection. "This will damage the achievements of post-reform democracy and become a bad legacy from Mr. Jokowi at the end of his term," he said.

The proposed revision of the TNI Law and the Polri Law, which was agreed upon as a DPR initiative bill, has received criticism. Among them are 23 organizations that are members of the Civil Society Coalition for Police Reform. This coalition strongly rejects the Polri Bill and the TNI Bill because the substance is considered to deviate from the principles of the rule of law and democracy aspired to after the reform.

Dean of the Faculty of Law, Brawijaya University Malang, Aan Eko Widiarto, stated that there are two options for President Jokowi to follow up on the rejection from civil society. First, the President does not need to issue a surpres. Second, if the surpres is still issued, the government must firmly remove articles that are considered to weaken democracy. If the DPR still includes problematic articles, the government can refuse to discuss them further.

"President Jokowi can argue that there will be a new president in October. Instead of leaving a fragile foundation of democracy, it is better to wait for the new president to discuss it. These two bills are very fundamental, concerning state instruments that have defense equipment, so they must be discussed in a stable period, not in a transitional period," he said.

Views of the DPR and the Executive

Chairman of the DPR Legislation Body (Baleg), Supratman Andi Agtas, said that the discussion of the TNI Bill and the Polri Bill is just waiting for a surpres. "The surpres must be sent to the DPR no later than 60 days. Whether the content agrees, will be discussed later. Who knows, the president rejects everything. So, the ball is in the government's court," he said.

A member of the DPR Baleg from the Golkar Party Faction, Supriansa, is of the opinion that if the government agrees to discuss the two bills, it will not take long because the substance being changed is not much.

Expert Staff of the Presidential Staff Office (KSP), Ali Mochtar Ngabalin, sees the reaction of certain groups to the two bills as excessive. Concerns about the return of the dual function of the ABRI and the decline of democracy are also unfounded. Ngabalin emphasized that the police and the military are state institutions that carry out civilian political decisions, and understand that their authority is limited by law.

"So, please, don't scare people with statements that shackle ourselves. It's okay to worry, but not excessively, even saying that we are returning to the New Order. That's excessive," he said.

The process of the two bills becoming law is still long because it must go through discussions between the DPR and the government. Ngabalin has not confirmed whether President Jokowi will send a surpres or not. However, he emphasized the strong commitment of President Jokowi and the elected president, Prabowo Subianto, to democracy. "I assure you that each article will be discussed carefully," he said.