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Keeping Asa Enliven the National Security Council

The Civil Society Coalition for Security Reform held a public discussion regarding the problems with the formation of the National Security Council (DKN), Monday, January 27, 2020. (Photo: Somad)

Al Araf's voice, which was calm at first, was suddenly louder. The Imparsial director was furious with the government that did not stop looking for ways to pass the idea of forming a National Security Council (DKN). After failing to pass the draft National Security Law, the government through the National Resilience Council (Wantannas) together with the National Development Planning Agency (Bappenas) and the Ministry of Defense (Kemhan) plans to revive the DKN through a presidential regulation.

Al Araf stated that the government had discussed the formation of DKN twice since the end of 2019. The first was carried out by Wantannas, after that with Bappenas. They want DKN to be formed in 2020. “Meeting forums at the government level are quite intensive. It seems that the draft is mature, "he said at the National Human Rights Commission (Komnas HAM), Monday, January 27, 2020.

However, the civil society coalition for security reform, including Imparsial, the Commission for Missing Persons and Victims of Violence (Kontras), the Indonesian Legal Aid Foundation (YLBHI), Imparsial, the Society for Studies and Advocacy (Elsam) and the Indonesian Legal Aid Association ( PBHI) admits that they have not pocketed the draft regulations related to DKN.

"We have not been able to access that," said Al Araf. Even so, he said, the coalition heard of efforts to involve the military and police in the civilian realm. Not limited to cases of drug trafficking, but radicalism, to the economy, including infrastructure development.

Responding to this, Deputy Assistant for Natural Environment Affairs Deputy for the National System of the National Defense Council (Wantannas), Brigadier General Karev Marpaung, confirmed to that his agency was discussing plans to form DKN. The discussion, which was conducted from 2018 to 2019, was conducted towards the end of the 2015-2019 Mid-Term Development Plan.

"Met more than three times. We coordinate with Bappenas. Because when the program has not been implemented in the 2015-2019 RPJMN it becomes a government debt. To be valid, we coordinate with Bapennas so that this DKN activity can be outlined in the 2020-2024 RPJMN. In fact, it is implicitly and explicitly in the RPJMN, "said Brigadier General Karev Marpaung when he was met at the Secretary General of the National Defense Council, Tuesday, December 4, 2020.

This is what worries the Secretary General of PBHI, Julius Ibrani. Through a new institution called DKN, he predicts, the government will easily perceive mass movements - community resistance to evictions and land conflicts can be classified as disturbances to security. Meanwhile, there were many land conflicts that occurred during the reign of President Joko Widodo.

The Agrarian Reform Consortium (KPA) recorded that 258 farmers and agrarian activists were criminalized, 211 people were persecuted and 24 people were shot. Meanwhile, the distribution of agrarian conflicts in 2019 is spread across 420 villages. The highest cases of 28 conflicts occurred in West Java, North Sumatra 24 conflicts, Central Kalimantan 23 conflicts, East Java 21 conflicts and Jambi 16 conflicts. "Every time there is a mass movement, it will be labeled as a form of disturbance to national security," said Julius.

Referring to the views of the former Minister of Defense from the civil society Prof. Juwono Sudarsono, Al Araf stated that there are four ideal security systems that need to be developed. Includes, national defense (threats from outside), state security (threats from within), public security (maintenance and restoration of safety) and human security (upholding the basic rights of citizens). In this case, he said, the government could not immediately link an issue that occurred in society as a threat to the state. "Under normal and ordinary conditions, the issue of human security does not become an issue of threats to state security or national security and is sufficient to be handled regularly by related institutions," said Al Araf.

Instead of forming the DKN, Al Araf suggested that the government focus on creating a National Defense Council in accordance with the mandate of Law Number 3 of 2002 concerning State Defense. Article 15 paragraph 2 explains that this institution functions as an advisor to the president in determining general defense policies and mobilizing components of state defense. The National Defense Council itself is formed by the president through a presidential decree.

"Its function is almost the same as what is wanted in DKN. The difference is that the scope is more specific to defense. The concern is not widespread because the domain is clear. If the domain of national security extends, starting from human security, public and state security, "He said.

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Member of Commission I of the House of Representatives (DPR) in the fields of defense, foreign affairs, communication and informatics and intelligence, Charles Honoris reminded the government not to form DKN by presidential regulation. According to him, a strategic institution like the DKN needs to be formed by law. "Is it appropriate for an institution chaired by the president and a strategic national security to be created using a Perpres?" Charles questioned.

When referring to the United States and Britain, according to Charles, the position of DKN in the two countries is limited to an inter-agency coordination forum that can provide advice to the president. Meanwhile, the scope of making national security policies, crisis management, national security and intelligence. Meanwhile in Indonesia, this function has been assigned to the Coordinating Ministry for Political, Legal and Security Affairs (Kemenkopolhukam).

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The ministry, which is now led by constitutional law expert Mahfud MD, is the coordinator between ministries, including the Ministry of Home Affairs, Ministry of Foreign Affairs, Ministry of Defense, Ministry of Law and Human Rights, Ministry of Maritime Affairs and Fisheries, Ministry of Communication and Information Technology, Attorney General's Office and the Indonesian National Police. That is because, this cadre of the Indonesian Democratic Party of Struggle (PDI) thinks the formation of DKN in Indonesia is irrelevant.

"Then is the Minister of Political and Political Sciences necessary? or if not, just dissolve it. Why do two institutions have the same job, namely providing coordination with related institutions. After all, the President has been carrying out government functions without the DKN, "said Charles.

In addition, Indonesia already has various regulations related to national security, including Law Number 2 of 2002 concerning the National Police, Law Number 3 of 2002 concerning State Defense, Law Number 34 of 2004 concerning the TNI, Law Number 17 2011 concerning State Intelligence, Law Number 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism, Law Number 24 of 2007 concerning Disaster Management, Law Number 39 of 1999 concerning Human Rights and Law Number 23 of 1959 concerning the State of Danger.

Furthermore, Al Araf considered the formation of DKN through presidential regulations very dangerous. The reason is, the president can use this regulation to accommodate his own interests, not the people. "The problem is that conceptually this rule will transform national resilience into national security. We civil society are very worried, "he said.

Commissioner of the National Human Rights Commission (Komnas HAM), Choirul Anam gave a statement after a discussion on the formation of the National Security Council (DKN) at the Komnas HAM office, January 27, 2020. (Photo: Somad)

Meanwhile, Brigadier General Karev Marpaung from Wantannas assured that there would be no overlap in the National Security Council. According to him, DKN is only a forum chaired by the president. Meanwhile, the members are ministries / agencies, TNI, Polri, including civil society.

"We hope this DKN will become a council that can make decisions related to urgent, critical and urgent national threats," said Karev to

In this forum, DKN will provide considerations related to national security to the president. He also guarantees that DKN does not have an operational function. “People say they can take various kinds of people like before (Kopkamtib). It's not like that. They don't really understand what DKN is. Therefore, there needs to be an open discussion, "he said.

Member of the Chief of Presidential Staff (KSP) Deputy Political, Legal and Security, Mukhti Maakarim has the same opinion. He emphasized that there has been no discussion regarding the DKN. "Basically we have not yet discussed the discussion about the manuscript or draft about what is called DKN," explained Mukhti.

Even so, the civil society coalition was sanctioned by the plan to form DKN. Especially until now, both Wantannas, Ministry of Defense and Bappenas have never disclosed the concept behind the formation of DKN. In order not to arouse suspicion, Al Araf asked Wantannas to disclose formulas related to DKN to the public. "The government must be careful if it is made in an immature concept, it is worried that the human rights zone will be violated. There is overlapping which results in ineffective and efficient work, ”said Al Araf.

The commissioner of the National Human Rights Commission (Komnas HAM), Choirul Anam also warned the government not to form a new repressive institution. He did not want DKN to transform into the Soeharto regime's Command for the Operation to Restore Security and Order (Kopkamtib). At that time, Kopkamtib did not hesitate to beat people who disturbed investment and state security. "If the DKN takes care of this, we can be sure that the state will return to being an authoritarian state," said Choirul Anam. (Abdus Somad)

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