The Dean of Faculty of Law Universitas Indonesia, Dr. Edmon Makarim, S.Kom., S.H., LL.M, said, the involvement of the TNI in dealing with low and medium scale terrorism acts does not rule out the possibility of being included in the category of Military Operations Other Than War (OMSP).
“Military involvement in handling terrorism on a moderate and even low scale is also possible in the assistance mechanism as stated in the framework of Military Operations Apart from War,” Edmon said in the webinar ‘The Role of the TNI in Overcoming Terrorism Actions in Maintaining the Sovereignty of the Republic of Indonesia’ held by the Military Law College, Wednesday (11/11/2020). The deployment of the military in overcoming terrorism is stipulated in Law (UU) Number 34 of 2004 concerning the TNI.
Where Article 7 Paragraph (2) of the Law states, that one of the main tasks of the TNI in carrying out OMSP is to overcome acts of terrorism. Read also: Head of BPHN asks Presidential Decree for TNI to Overcome Terrorism to Be Born Immediately However, Edmon assessed that the deployment of TNI forces should only be possible if acts of terrorism experience an escalation of attacks to endanger state sovereignty.
“Military involvement can be used if the escalation of terrorist attacks has threatened the sovereignty of the country. For example, attacks on vital state objects,” he explained. In addition, Edmon also said that the involvement of the TNI in overcoming acts of terrorism also needs to be followed by careful coordination across sectors so as not to have unexpected impacts. “Because the causes of terrorism are multidimensional, multisector, and related to multiagency. So, the response or action should be coordinated,” he said.
It was reported that the Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD said the draft Presidential Decree regarding the involvement of the TNI in overcoming acts of terrorism had been submitted to the Minister of Law and Human Rights Yasonna H Laoly. Apart from that, the draft has also been submitted to the DPR. “It has been submitted to the DPR and I have conveyed it to the Menkumham. Menkumham have discussed, heard all stakeholders,” said Mahfud MD, Saturday (8/8/2020). According to Mahfud, his party will limit the draft not to violate certain boundaries when implemented.
Source: https://nasional.kompas.com/read/2020/11/11/15410811/pel Engagement-tni-sat-terorisme-skala-rendah-dan-sedang-dimsible-tapi
