TNI Commander General Andika Perkasa Urged To Revoke Procedures For Summoning Soldiers By Other Law Enforcers

TNI Commander General Andika Perkasa (Photo: Hafidz Mubarak/Antara)

JAKARTA - The TNI Commander General Andika Perkasa has been urged to revoke the Commander's Telegram Letter Number ST/1221/2021 regarding the procedure for summoning soldiers by law enforcement officers. This call came from the Commission for Disappeared Persons and Victims of Violence (KontraS).

The letter contains a number of procedures for summoning TNI soldiers to investigate suspected criminal acts. One of them, the summons must go through the commander or unit head.

"We urge the TNI Commander to revoke the TNI Commander's Telegram Letter Number ST/1221/2021," said the Deputy Coordinator of the KontraS Working Agency, Rivanlee Anandar in a written statement, Thursday, November 25.

The revocation is deemed necessary considering that the TNI Telegram Letter is considered a form of giving privileges to soldiers so that they are immune from legal process. In fact, said Rivanlee, so far the law enforcement process for violations committed by TNI soldiers is considered not transparent and accountable.

For example, he alluded to the TNI investigation which tends to be closed in the shooting case that killed a civilian in Intan Jaya, Papua, namely Pastor Yeremia. "The issuance of this new regulation will clearly show the efforts to protect the unity of its members and strengthen the impunity within the TNI," he said.

Not only that, Rivanlee revealed that this kind of procedure is also dangerous for the mentality of TNI soldiers. The reason is that they will feel above the law even though they commit violations related to criminal acts.

Furthermore, KontraS also considers this telegram to be unconstitutional because it violates the principle of equality before the law as regulated in Article 27 Paragraph 1 of the 1945 Constitution.

"Law enforcers, both the Police, the Prosecutor's Office or the KPK will have difficulty in thoroughly investigating violations committed by the military because they have various limitations in the substance of the telegram," Rivanlee said.

As previously reported, law enforcement officers such as the KPK and the police must carry out four procedures to be able to request information from TNI soldiers.

First, summons made to TNI soldiers by the Police, KPK, other law enforcement officers in order to provide information related to legal events must go through the commander/head of the unit. Second, summoning TNI soldiers who are not in accordance with procedures, so that the Commander/Head of Unit coordinates with the law enforcement officers in question.

Next, soldiers who provide information regarding legal events to law enforcement officers can be carried out in their units accompanied by Law Officers or Unit Officers.

Fourth, TNI soldiers who provide information regarding legal events to law enforcement officers can be carried out at the office of law enforcement officers who summoned them accompanied by legal officers.

This rule is made to prevent misunderstandings and minimize legal problems. Moreover, recently there was a summons that was not in accordance with the applicable legal provisions and was carried out by the police.