Indonesian court finds no procedural flaws with law expanding military’s role
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Indonesian President Prabowo Subianto has appointed former generals to key posts and deployed the military for various tasks.
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JAKARTA – An Indonesian court ruled on Sept 17 that Parliament had followed the proper process in passing contentious revisions to the country’s military law, rejecting legal challenges to legislation that had sparked protests and condemnation.
The Constitutional Court judges ruled 5-4 in favour of rejecting a petition that said the amendments were bulldozed through Parliament in March without proper public consultation, amid wider concerns of an expansion of the military’s involvement in civilian affairs under President Prabowo Subianto.
Fears have been growing in Indonesia that former special forces commander Prabowo is increasingly turning to the armed forces to help deliver his ambitious agenda after just 11 months in office, reviving memories of the military-dominated New Order era of authoritarian rule from 1966 to 1998.
“We cannot conclude that there was no transparency because the draft of the Bill had been disclosed to the public through websites, YouTube channels, and lawmakers had also given interviews,” Justice Guntur Hamzah said in the decision.
The ruling comes at a time of festering anger following two weeks of at times violent demonstrations
Mr Prabowo has appointed former generals to key posts and deployed the military for various tasks, including handling street protests, implementing initiatives on free school meals and food security, manufacturing medicine and seizing palm oil plantations for a new state-owned company.
On Sept 17, Mr Prabowo named retired general Djamari Chaniago, 77, as his new chief security minister.
The dissenting opinion of four judges were not read out in the verdict, which was delivered virtually without the presence of plaintiffs or the public.
Contentious law
The law had, among other things, increased the number of civilian government departments that military personnel can be posted to.
The petitions against it argued that the amendments to the military law lacked transparency and public participation before being passed by a Parliament overwhelmingly allied with the President. The petitions called for the changes to be annulled.
Law Minister Supratman Andi Agtas has said that the legislative process was above board and public input was sought.
Five petitions were filed by human rights and student groups and the daughter of former Indonesian president Abdurrahman Wahid, but only one was considered by the court, while the others were ruled as being without standing.
Petitioner Ardi Manto, director of The Indonesian Human Rights Monitor, said he would file another complaint challenging the substance of the laws.
Another petitioner, Mr Muhammad Isnur of the Indonesian Legal Aid Foundation, said the court had failed to perform its duty fully.
“Many facts were ignored... and four of the judges had (a) dissenting opinion... it’s a sign there was an intense discussion between the judges,” he told Reuters.
“We can see the impact of the military law now – the military feel like they have the legitimacy to do many actions that are against the spirit of military reform and seriously affecting Indonesia’s democracy,” he added. REUTERS
