Kejanggalan Pembahasan Kilat Revisi UU TNI

Summary

The discussion centers on the controversial revision of Indonesia's TNI (Indonesian National Army) Law. Herlambang Wiratraman, a law professor at UGM and a member of the Indonesia Academic Freedom Caucus (KIKA), critiques the process, highlighting procedural flaws and a lack of transparency in the drafting process. He emphasizes concerns over the increasing militarization of civil functions, citing past issues such as military involvement in civilian affairs and economic activities. The conversation also touches on the need for public participation and transparency in lawmaking, warning against the potential erosion of democratic principles. The debate underscores the tension between the government’s actions and civil society's demand for accountability and openness.

Takeaways

• 😀 The Indonesian House of Representatives (DPR) is moving forward with a revision of the TNI law, despite ongoing public criticism and opposition from civil society coalitions.
• 😀 Civil society groups have strongly opposed the revision, with concerns over the reassertion of the military's role in civilian governance and its potential consequences on democratic principles.
• 😀 Herlambang Wiratraman highlights significant procedural flaws in the law revision process, arguing that it disregards constitutional principles and the mandates of the Constitutional Court.
• 😀 There is criticism that the revision process has been opaque, with limited access to relevant drafts, preventing meaningful public participation and accountability in the legislative process.
• 😀 Civil society argues that the military’s involvement in non-combat operations, such as the controversial MBG (free food distribution) program, exacerbates trauma in communities affected by military violence, particularly in regions like Papua.
• 😀 The revision is seen as a potential breach of civil supremacy, as it could allow military figures to take positions in civilian roles without proper accountability mechanisms in place.
• 😀 The lack of transparency in the revision process has led to public mistrust, as drafts have circulated with no clear communication from the DPR regarding the actual content being debated.
• 😀 Herlambang emphasizes that public participation in legislative processes should be meaningful, with clear access to information and transparency, in line with the democratic principles enshrined in Indonesia’s constitution.
• 😀 Civil society's call for a more open and accountable legislative process is driven by concerns about the erosion of democracy and the unchecked power of the military within civilian affairs.
• 😀 If the law is passed, civil society groups intend to take constitutional actions to hold the government accountable, including submitting their critiques to the DPR and the president, urging them to reconsider the revision.

Q & A

What is the main issue discussed in the interview regarding the TNI Law?

The interview primarily discusses the revision of Indonesia's TNI Law and the strong opposition to it from civil society groups. The revision has been criticized for lacking transparency and not fully respecting democratic principles.

What procedural concerns does Herlambang raise about the revision of the TNI Law?

Herlambang points out that the revision process lacks transparency, with public access to the draft law being limited. He also criticizes the closed-door nature of discussions, which contradicts constitutional requirements for public participation and accountability in lawmaking.

How does Herlambang describe the relationship between the TNI and civilian supremacy in Indonesia?

Herlambang expresses concern that the revision of the TNI Law could diminish civilian supremacy by increasing the military's involvement in civilian governance. He warns that this could lead to military control over non-war operations without proper accountability, potentially harming the democratic process.

Why does Herlambang argue that the revision process violates democratic principles?

Herlambang argues that the lack of transparency, limited public access to information, and the failure to include meaningful public participation are clear violations of democratic principles. He emphasizes that the public should have access to the drafts and an opportunity to contribute to the lawmaking process.

What does Herlambang think about the DPR's argument that the circulating draft is different from the one being discussed?

Herlambang criticizes the DPR's argument, stating that the public should not be blamed for not having access to the correct draft. He points out that the lack of transparency and poor information systems are the real issues, and it is the responsibility of the DPR to ensure the public can participate meaningfully.

What does Herlambang suggest is a key part of the democratic process that is missing in the TNI Law revision?

Herlambang stresses that access to information is a fundamental human right and an essential part of the democratic process. He highlights that the lack of transparency in the revision process undermines meaningful public participation, which is necessary for democracy to function properly.

How does Herlambang feel about the role of civil society in the revision process?

Herlambang believes that civil society plays a crucial role in holding the government accountable. He expresses frustration that the government and DPR have ignored the concerns of civil society groups, and he calls for more open discussions and participation from all stakeholders.

What is Herlambang's stance on the planned plenary session for finalizing the TNI Law revision?

Herlambang is critical of the rushed nature of the plenary session, viewing it as an attempt to push through the revision without proper deliberation. He urges the government to reconsider the revision and engage in more transparent and inclusive discussions.

What steps does civil society plan to take if the TNI Law revision is passed in the plenary session?

If the revision is passed, civil society groups plan to continue advocating for public participation and will explore legal and constitutional avenues to voice their opposition. They will push for further review and attempt to ensure that the public’s concerns are considered.

What is the overarching message that Herlambang wants to convey about the TNI Law revision process?

Herlambang's message is that the revision process lacks transparency, violates constitutional principles, and undermines democratic values. He urges the government to halt the revision, engage in more open discussions, and ensure that public participation is meaningful in shaping laws that affect society.