Improvement of Defense Capacity and Capability

National Security:

“Improvement of Defense Capacity and Capability

Through Forming of State Defense Reserve Component”

By David Raja Marpaung S.IP M.Def

The requirement of National Security Act is caused by three factors. First, there is a requirement to fill the loophole between regulations in security sector. Second, problem of lack of effectiveness respond onto threats. Third, threats are unpredictably evolving and some of which could cause national instability.

Nevertheless, there are three points should be focused on when preparing National Security Act. First, there should be a parameter that could be used when deciding that some threats could be considered as national security threat.  Because not all form of threats could be classified as national security threat. As consequences to the requirement of classifying some threats as national security threats and others are not, there should be an assessment agency whose job is to assess threats that could be taken into account as national security threats. It should also be followed by a formation of Standard Operating Procedure or Rule of Engagement which could be coordinated under the same threats assessment agency. This is to ascertain that there won’t be overlapping when each institution (based on their competencies) responding onto some specific threat. Furthermore, when there is a national security threat, government should officially declare it. In doing so, government has the capacity to restrict its citizen and non-citizen rights (other than non-derogable rights). But solely for the sake of effectiveness respond into national security threat as allowed by Johannesburg Principle and Siracusa Principle. In line with Johannesburg Principle and Siracusa Principle, when State is about to be given the capacity to limit its citizen rights, it should also be followed by the obligation of the state to be responsible if there is an abuse of power. The capacity of citizen to sue their government as to ask state responsibility when abuses arise is called remedy, both in Johannesburg and Siracusa Principle.

Nonetheless, to avoid public suspicious, the government has to show its respect onto human rights and democracy. Demarcation of rights as mentioned in part before all can only be done if state of course have really commitment to human right and democracy. This commitment must be shown even before this Bill ratified in order not to generate suspicion of existence of indication to misuse authority. The manifestation of its commitment should be started with the process of law of abuses of power that had happened. This is solely to convince its citizen that the national security act wouldn’t later threaten their non-derogable rights rather than protecting it.  So not necessarily there is doubtfulness of existence of abuse of authority in coming.

Urgency and Opinion about Reserve Component

Related to national security and national defense posture, the issue of reserve component cannot be dissociated. For The Indonesia Government, forming of defense reserve component is urgent requirement which cannot be delayed with two main reasons: First, commendation of constitution, which are section 27 and 30 UUD'45, and Law No3/2002 about State Defense. Second, this issue related the threat character that is more complex and dynamic.

But, it is better before government will establish reserve component power; at least there are former three things that need to be analyzed. First, with the condition of main component (Armed Forces), how many amounts back-Up (reserve component) those necessary needs? Then, Government must affirm what is intention of forming reserve component. Last, related with compensation and remuneration for citizen ready to follow reserve component.

Comparing with development of reserve component in other state, there are some issues that need to become consideration. First, what terminology will be use to define reserve component? Second, how about recruitment mechanism? Third, how organization chart in managing reserve component? Fourth, problem of clarity there must be of duty and function of reserve component, what differentiates it from principal components. Fifth, related with the subject, is it only consisted of human resource or other resource also can be defined as part of reserve component.

Related to the management of reserve component in Indonesia, there are some things which must be thinks.  About recruitment mechanism, is it will be conscript/compulsory or voluntarily? Second, related to status, are they will have combatant or non combatant status?. This thing is related with law consequences. Third, how about preparation mechanism of practice and mobilization? Last, related to management of reserve component non man.

Forming of reserve component of course will be influence the relation of military civil till now. There is two worries which possibly happened. First, reserve component can be potentially becomes door for TNI to come into civil domain. Second, issue of conflict horizontal between citizens that following reserve component, and which is not,

Last, Forming of reserve component also must consider rejection rights of citizen (Conscientious Objection). This thing is related to Human Right and resolution that released by UN High Comission for Human Rights