General Andika Perkasa Should Immediately Issue Official Regulations Regarding PKI Descendants Joining The TNI

JAKARTA – The Indonesian National Armed Forces (TNI) is the last state institution to prohibit the involvement of children and descendants of members of the Indonesian Communist Party (PKI). However, with the statement by the TNI Commander General Andika Perkasa that children of PKI descendants may join the TNI, the unwritten policy of prohibiting PKI descendants from joining the army will disappear.

Andika conveyed the desire to accept PKI descendants into the TNI at the coordination meeting for the reception of TNI soldiers in Jakarta, March 30, 2022. The intended acceptance of TNI soldiers includes: Military Academy Cadets, Career Soldier Officers, NCOs, and Enlisted Persons.

“What is prohibited is the PKI, the second is the teachings of Communism, Marxism, and Leninism. That's what's written," said Andika, explaining the contents of MPRS Decree XXV/1966 regarding the dissolution and prohibition of the PKI in Indonesia.

"Let's not make it up. I am a person who obeys the laws and regulations. Remember this. We forbid, make sure we have a legal basis," Andika added.

Before the TNI, through General Andika Perkasa, granted permission for descendants of the PKI to join, civil government institutions had already allowed it. In the Government Regulation concerning the Procurement of Civil Servants (PNS), there is no mention of the prohibition of the descendants of the PKI from joining.

Even in the latest regulations regarding the procurement of civil servants or what is now referred to as the State Civil Apparatus (ASN), there is no prohibition on the question of the descendants of the PKI. Admission of ASN is now regulated based on Law Number 5 of 2014 concerning State Civil Apparatus.

According to the head of the Setara Institute, Bonar Tigor Naipospos, the PKI rebellion took place more than 50 years ago. At present the so-called descendants of the PKI have reached the third or fourth generation. No longer children, but grandchildren and great-grandchildren.

"It is an irrational and inhuman act if they continue to share the 'hereditary sins', and are treated unequally as fellow citizens of the country," said Bonar.

TAP MPRS XXV/1966 is one of six similar decrees issued by the MPRS in 1966. Three TAP MPRS 1966 are still in effect, namely XXIV/1966 concerning Policies in Defense and Security, XXV/1966 concerning the Dissolution of the Indonesian Communist Party, and XXVIII/1966 concerning People's Welfare Improvement Policy.

Hierarchically, the TAP MPR is under the 1945 Constitution and above Laws or Regulations in Lieu of Law (Perpu). TAP MPRS XXV/1966 is still valid based on Law Number 12 of 2011 concerning the Establishment of Legislation.

TAP MPRS XXV/1966 was made during the early days of the New Order government under President Suharto. Initially, Suharto issued Presidential Decree No. 1/3/1966 regarding the disbandment of the PKI. The decision was taken based on the decision of the Extraordinary Military Court against PKI leaders accused of being involved in the 30 September 1965 Movement or the G30S PKI.

The Presidential Decree 1/3/1966 was then strengthened through TAP MPRS XXV/1966. The TAP was stipulated and signed by the Chairman of the MPRS, General TNI AH Nasution on July 5, 1966. The TAP on the dissolution of the PKI and all parts of its organization contains four articles, but none of which states that PKI descendants are prohibited from becoming state employees.

TAP MPRS XXV/1966 was rejected by President Soekarno, when delivering his accountability before the IV General Assembly of the MPRS on June 22, 1966. Through his speech known as Nawaksara, or nine discussions.

Soekarno rejected the mention of the September 30th Movement, but called it the October 1st Movement (Gestok) because it took place in the early hours of October 1st. Sukarno was steadfast in not disbanding the PKI.

However, Soekarno's speech was rejected by the MPRS. On the other hand, the highest state institution decided to dismiss Soekarno from the position of President of the Republic of Indonesia.

TAP MPRS XXV/1966 remains controversial to this day, because it is considered contrary to the freedom of thought and expression for Indonesian citizens. President Abdurrahman Wahid (Gus Dur) once took the initiative to revoke TAP MPRS XXV/1966, because according to him it was against the spirit of Pancasila and Bhinneka Tunggal Ika.

Gus Dur's initiative was met with strong opposition from his political opponents. The revocation of TAP MPRS XXV/1966 has never been officially responded to, so it is still in effect.

As a compromise on the revocation of TAP MPRS XXV/1966, the MPR issued TAP MPR I/2003. In TAP MPR I/2003 it is stated that all citizens, regardless of background differences, have the same rights, should not be discriminated against, and adhere to democratic principles.

According to a member of Commission I of the DPR RI from the Golkar Party faction, Nurul Arifin, General Andika Perkasa should immediately issue a TNI Commander Regulation. One of the contents of the regulation stated that children of PKI descendants were allowed to join the TNI.

It doesn't matter if the TNI becomes the last state institution to allow PKI descendants to join it. Better late, than never.