Jakarta - Moeldoko Presidential Chief of Staff said President Joko Widodo has activated the Joint Special Operations Command (Koopssusgab) to jointly combine terrorism. Komnas HAM views the involvement of the TNI as unnecessary because the criminal act of terrorism enters the domain of the Police.
"Komnas HAM still sees that terrorist acts are still in the police domain, meaning that the role of the TNI is not needed," said Komnas HAM member Beka Ulung Hapsara when contacted by AFP on Thursday (5/17/2018).
According to him, if you want to have TNI involvement, then it should be set in the law (Act). It's just that the Act is not a Law on Combating Terrorism Crime (Anti-terrorism Act).
"There should be a law of its own, or it can be through the TNI Act, but not through the Act on Criminal Acts of Terrorism because it is a criminal act, if the crime is the police domain," said Beka.
In addition to entering the police domain, Beka fears the emergence of acts of arbitrariness that can result in human rights violations. Currently Komnas HAM is still waiting for the legality of Koopssusgab which has been activated by Jokowi.
Beka said the involvement of the TNI in the fight against terrorism is actually already regulated in Law 34/2004 on the TNI. But if there is a new institution - eg Koopssusgab - involved in combating terrorism, it needs to be more detailed.
According to him, accountability and transparency in the handling of terrorism cases by the TNI must be arranged so that it can be guaranteed. Komnas HAM itself believes that they can still monitor the involvement of the TNI in combating terrorism.
Komnas HAM also asked the TNI not to be permanently involved in combating terrorism. TNI involvement should pay attention to vital objects, threat scales, and time.
"What about the involvement of the TNI? If, for example, a special body, it should be regulated for example through the Military Operation Act other than War or by Government Regulation, and the incidental should be incidental, not permanent, which is adapted to the same escalation Can the law enforcement handled or not, he said.
Previously, Komnas HAM had noted the timing of arrest and detention. There is a provision that the arrest period is 14 days, extend for seven days, bringing the total to 21 days. According to Komnas HAM, the regulation on Terrorism Law is vulnerable to human rights violations.
In addition, officials also need to inform the detention sites of suspected terrorists who were arrested. According to Beka, this is part of ensuring accountability and transparency in the handling of terrorism cases.
"Yes, (notification of location of detention) to the family, not to the public, to be transparent and accountable," said Beka.
Previously reported, Koopssusgab already sanctioned Jokowi without waiting for revision of Anti-terrorism Law completed. After that, TNI Commander Marshal Hadi Tjahjanto was appointed as the person who inaugurated Koopssusgab.
"For the Joint TNI Command Special Operations, it has been sanctioned by the President and re-inaugurated by the TNI Commander," Moeldoko said.
Koopssusgab itself was inaugurated on June 9, 2015 and then in Monas, Central Jakarta. At that time, troops 'super elite' derived from the military of the Air Force, Army, and Navy. Moeldoko was then serving as TNI Commander.
But police say elements of the TNI have been involved in terrorist hunting in the field. Police claimed to have cooperated with Kopassus in terrorist raids.
"We have cooperated with Brimob in the field for the raids, I forgot to mention that we have cooperated with Kopassus.The arrests involved Kopassus," said Police Public Relations Division Inspector General Setyo Wasisto at National Police Headquarters in South Jakarta, Wednesday (5/15/2018) yesterday.