NUSADAILY.COM – JAKARTA – Dean of the Faculty of Law UNPAR Tristam Pascal Moeliono said that the solution to terrorism cannot only be done by the TNI approach.
Tristam Pascal Moeliono, in a release received in Jakarta on Sunday, responded to this because the Government and the DPR were still deliberating on the draft presidential regulation (Raperpres) regarding the involvement of the TNI in combating terrorism.
The DPR also proposed to the government to form a Supervisory Agency related to the Perpers. Tristam Pascal Moeliono said that the definition of terrorism in Law Number 5 of 2018 concerning terrorism does not meet the legality principle, namely the lex certa principle (clear formula).
“The Perpres does not meet legality principles or clear formulations, so the distribution of authority from the President to the TNI through the draft Perpres is quite risky. The threshold (threshold) for the legal approach to transforming into a military approach is also not clearly regulated in the draft Perpers, “said Tristam.
Then, regarding prosecution from a military point of view, he said, of course the formula is different from taking action from a law enforcement perspective, the draft Perpers should make this clear. Furthermore, the issue of accountability and transparency, according to him, is something that needs to be answered through the draft presidential regulation (Raperpres).
“Terrorism that continues to develop cannot be resolved with the TNI approach and criminal law alone, but requires another approach. This presidential draft is given too much burden as if it could solve all terrorism problems, “said Tristam.
The Draft Presidential Regulation is Wrong
A lecturer in constitutional law from the Jentera College of Law, Bivitri Susanti, assessed that the draft Presidential Decree regarding the involvement of the TNI in solving terrorism was wrong and wrong in regulating it regarding the threat of human rights (HAM).
He continued that the Perpers design was wrong and wrong from the way it was set up. So that records related to threats to human rights and militarism are important to note.
“Public concern is not excessive, because lately the discourse of returning the military to handling the role of civilian authorities is getting stronger,” said Bivitri.
That, said Bivitri, is like the case of a TNI member who took down Rizieq Shihab’s banners and billboards in a number of places. “Like the latest about the decline of the HRS banner by the military. Apart from that, the long, dark historical factor regarding the dominance of the military’s role in civilian affairs is still a note in society, “he said.
Meanwhile, National Chairperson of the Indonesian Legal Aid Association (PBHI) Totok Yulianto said a comprehensive policy was needed in dealing with terrorism. Not only in the field of law, but also economic, political and social.
“Will the approach to handling terrorism in Indonesia shift from a criminal justice system to a war model? It really depends on the draft Perpres which is currently the public’s attention, “said Totok.
Therefore, said Totok, President Joko Widodo and the DPR need to hear input from the public to reduce the negative impact of the terrorism settlement policy in Indonesia.
Engagement of Women
Next, Komnas Perempuan Commissioner Siti Aminah Tardi also said that currently the involvement of women in acts of terrorism is not only limited to supporting the perpetrators of terrorism but has become the perpetrators.
At present, Siti continued, extremism groups have been very much targeting women’s groups. Because it should be done in a comprehensive prevention.
He also doubted whether the role of the Presidential Regulation that was made in the context of deterrence or prevention could be maximally carried out.
“The question is whether the TNI has the capability, does it not overlap with the prevention of countering terrorism as well, does it have to be the TNI,” he said.
Then, he continued, regarding the prosecution in the Presidential Decree, Siti assessed that there was discretionary authority to carry out an investigation. However, this is incompatible with the justice system in Indonesia.
“Then for recovery, my question is what kind of recovery is meant in this Presidential Decree. Because talking about recovery means not only talking to the suspects or perpetrators, ”he said.
However, the recovery, continued Siti, was also a matter of how to integrate it with other residents, eliminating stigmatization and thus eliminating the pull and support factors. “Can TNI do that because the deterrence approach requires a non-security approach,” he said. (ian)