Critics Say Defense Minister Sjafrie’s Territorial Battalion Plan Could Trigger Land Conflicts
JAKARTA - The plan to build hundreds of Territorial Development Battalions (Yon TP) proposed by Defense Minister Sjafrie Sjamsoeddin has drawn criticism from a number of academics, activists, and democracy activists. They assess that the policy has the potential to expand the military's involvement in the civil sphere as well as raise legal, social, and state budget issues.
The criticism emerged in a public discussion entitled * "Questioning Defense Policy in the Acceleration of Hundreds of Territorial Development Battalions: State Resilience or the Ambition of the Minister of Defense" * which was held by the Merah Putih Institute (MPI) in Jakarta, Wednesday, June 10.
The director of the Merah Putih Institute and civil democracy and supremacy activist, Fauzan Ohorella, questioned the legal basis for the establishment of Yon TP. According to him, Law Number 34 of 2004 concerning the TNI, especially Article 7 regarding Military Operations Other than War (OMSP), does not regulate the TNI's task in managing development, agriculture, health, and community development.
"In paragraph (3) of Article 7 of the TNI Law, it is also emphasized that the implementation of OMSP must be based on the policies and political decisions of the state. The question is, the proposal of Minister of Defense Sjafrie seems to exceed the power of President Prabowo Subianto as the leader of the country and head of the government," said Fauzan.
He also assessed that the proposal showed a tendency to expand the role of the Ministry of Defense to sectors that are not the domain of the country's defense.
"I think so, because from banking, economy, development and community building, Minister of Defense Sjafrie wants to take over everything. That's why I say he is a 'Super Busy' Defense Minister, because it comes out of the tupoksi or not the domain of the state's defense," he said.
According to Fauzan, the construction of Yon TP has the potential to cause conflicts between civil society and the military and become a new burden on the state's finances.
"We feel that President Prabowo as the head of government and Chairman of the National Defense Council will not take such a big risk regarding the ambitions of the Minister of Defense with this proposal from Yon TP. Because this not only creates a civil-military conflict, but also a huge burden on the state budget later," he said.
A similar view was expressed by a legal academic of state administration, Dr. Rorano, SH., MH. He questioned the urgency of forming the Yon TP if the functions of existing ministries and civil institutions were still running.
"What is the urgency of this battalion that it must be formed? Are the functions of the ministry not running today so that the TNI must be involved in it? Or is the civilian no longer effective in social management so that the TNI must take care of this kind of thing?" he said.
According to Rorano, the wider involvement of the military in civil affairs has the potential to affect the quality of democracy and the protection of civil rights of the community.
Meanwhile, Lecturer of State Law at the University of Jakarta, Dr. Yepiter, SH., MH, assessed that there should be a clear limit between the function of the National Defense Council (ND Council) as a giver of consideration to the president with the implementation of policies in the field.
"Based on the mandate of the law, the function of the DPN is limited to being a supporting body for the President in determining general policies and providing consideration. The DPN is not equipped with free discretion to take independent legal action or execute tactical policies in the field," explained Yepiter in a written statement.
Criticism also came from the Director of the Student Press Institute (LAPMI) of the PB HMI, Sabrina. He highlighted the lack of openness to information and socialization to the public regarding the plan to build Yon TP.
According to him, the various rejections that emerged in the community were inseparable from the government's lack of transparency in explaining the purpose, location, and impact of the battalion's development.
"This rejection by the community is due to the lack of openness of information for the public. Fortunately, in the digital era today, we can access every information. Otherwise, we don't know about the community's plantations that are allegedly affected by the construction of Yon TP," said Sabrina.
The discussion concluded that the government needed to open a wider space for dialogue with the public and explain the legal basis, urgency, and impact of the Yon TP development before the policy was further implemented.