Students protest military bill, condemn lack of transparency

A bill passed into law by Indonesia’s House of Representatives last week, which attempts, as analysts see it, to make it legal for members of the military to take up civil positions, sparked major student protests in cities around the country. In Jakarta, student protesters were also joined by workers.

Under a previous law dating back to 2004, members of the military could only take up positions in 10 different civilian government institutions after retirement.

However, under the new law, active or non-retired military personnel can now be assigned roles in 14 government institutions, including ministries, leading to fears of democratic backsliding and a resurgence of the military’s role in government.

Hundreds of students, joined by workers, staged a rally in front of the legislative building in Jakarta on 20 March after the bill passed.

They managed to break down the fence in front of the building, but police fired tear gas and water cannons, forcing protesters to retreat to a stadium a few blocks away.

Smaller-scale protests continued this week at a number of Indonesian universities, with students also angered by what they see as a lack of transparency in releasing the full details of the bill’s provisions.

Fearing a return to the era of Suharto – Indonesia’s strongman president in power from the 1960s to the 1990s, during which time military personnel were given strategic positions in ministries, the legislature, and state-owned companies – students at the University of Indonesia (UI) on 21 March demanded a review of the new law by the Constitutional Court (MK).

They claimed the process behind its passing had not followed proper administrative regulations and had seemingly avoided public participation and public monitoring of the deliberations of the bill in the House of Representatives.

Protesters’ concerns

“Suharto’s ‘New Order’ system of government is being brought back to life with this new military law,” said Unang Sunarno, chairperson of the Indonesian Trade Union Congress Alliance, at a rally that continued until late on Thursday 20 March.

“We feel that freedom of association and expressing opinions is being eliminated with this law,” he added.

Student organisations from universities across the country under the banner of the National Association of University Student Executive Bodies (BEM SI) vowed to continue protesting until their demands were met.

These include the reversal of the revisions and removal of all active military personnel from civilian posts.

Student protests also took place in Surabaya, Malang, Yogyakarta, Sukabumi, Bandung, Lumajang, Kupang, and other major cities.

In Surabaya, the demonstration in front of the Surabaya regional legislative building turned violent, with students throwing stones and Molotov cocktails at police in retaliation for the police firing tear gas and water cannons at them.

Some 25 students were arrested, the Jakarta-based Commission for the Disappeared and Victims of Violence (KontraS), a non-governmental human rights organisation, reported on 24 March.

In Malang, East Java, a student rally turned violent after police repulsed students with a water cannon on 23 March. A number of students were injured, and six students were arrested, the Indonesian Legal Aid Institute (LBH), a civil society organisation, reported on 24 March.

In Sukabumi, West Java, demonstrators broke into the local legislature building to demand the cancellation of the new law, leading to a clash between police and demonstrators.

Ten demonstrators were arrested, six injured and one hospitalised in critical condition. One policeman was injured, TVOne News reported on 25 March.

Support for the new law

Not everyone is against the new law. “We support the new military law because it will empower our military and police to safeguard Indonesia towards ‘Gold Indonesia’,” said Edi Susilo, chairperson of the Lemtaki (the Indonesian acronym for the Budget Transparency and Anti-Corruption Institution) in reference to the national “Golden Indonesia 2045 Vision”, which envisages Indonesia as a fair and prosperous nation by 2045.

“The law’s support will empower our military, and an empowered military will strengthen the country,” he told University World News.

Jazuli Juwaini, a senior politician of the Social Welfare Party (PKS), said he and his party were backing the new military law “because it strengthens the legal standing of the Indonesian military”.

He noted: “A reputable nation needs a strong military.”

The new law also extends the term of military service before retirement to age 55 for low- and middle-ranking officers, compared to 53 years under the previous law. For high-ranking officers, it will vary from 58 to 62, according to rank.

Under the previous law, military duty was limited to national defence and combatant assignments. Adding to the controversy, the new regulation gives the military authority to combat cyber threats and oversee the security of Indonesians overseas.

Defence Minister Sjafrie Sjamsoeddin said the amendments were necessary because “geopolitical changes and global military technology require the military to transform […] to face conventional and nonconventional conflicts”.

Concerns about transparency and consultation

Students and academics have said the full text of the law passed on 20 March has not been made public.

“We have difficulties gaining access to the bill, so House members cannot claim that the Indonesian people accept this law,” said Muhammad Alif Ramadan, one of the UI students seeking a judicial review by the Constitutional Court.

“No one has the draft [of the bill] apart from them (House members). So how can they claim the people accept it?” Ramadan told Kompas TV on 24 March.

Bivitri Susanti, a state administration expert and lecturer at the Indonesia Jentera School of Law, said people were not able to get information about the bill because the House was not being open.

“I have been desperately trying to get the draft of the bill days before and now the finalised version or law; I could not get it. It’s not on the House website. It’s not on the website of the institutions concerned.

“I got it randomly from a WhatsApp group. Why did they work behind closed doors?” she said in a comment to University World News on 25 March.

Susanti said she found from the version she obtained that the new law was not “free from military domination”.

She noted: “Mainly because it legalises active military members to acquire civilian positions. This is bad.”

Speaking to the media after chairing the House meeting that passed the bill, Speaker of the House of Representatives Puan Maharani said she was prepared to explain the situation to students. “What they have accused us of, or fear about this law, is not true.

“We assure you: this law defends civilian supremacy,” she said. “This law was agreed just one or two hours ago. Students have not read it yet, but they have been protesting. They rely more on prejudice than on the truth,” she noted.

Syamsu Rizal, a House member of Commission 1 from the National Awakening Party who took part in the bill discussion, denied that deliberations over the bill were behind closed doors, saying the public was already aware of the main issues in the draft.

“Even without updated information on the bill, these issues have been the subject of public discussion for months, even for years,” Rizal said on Kompas TV on 21 March.

“Above all, the House meeting was based on proper procedures. Before the final discussion, we held a hearing with professors, academics and social figures to get input from them. So, we are open,” he added.