konsolidasi buruh

Sabtu, 02 Februari 2013


Editorial: Striking a balance

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Paper Edition | Page: 6
The deliberation of the national security bill has been suspended following strong public resistance to its undemocratic content and its contradictions with other security management-related laws.

And now? Here comes the Presidential Instruction No. 2/2013 on the handling of security disturbances.

The presidential instruction, issued on Monday, orders the establishment of an integrated team — in the form of a line of coordination — to effectively address security problems at the national and regional levels. At the national level, the team will be coordinated by Coordinating Minister for Political, Legal and Security Affairs, while at the regional level the regional heads (governors and regents/mayors) will oversee the process.

“Under the new instruction, there should be no hesitation in taking action. We can no longer deal with unresolved communal conflicts. Do not let them [conflicts] turn into time bombs,” President Susilo Bambang Yudhoyono said on Monday regarding the motives behind the issuance of the new regulation.

The presidential instruction, essentially a set of practical guidelines and instructions for the handling of communal and social conflict in the country, was apparently issued in response to complaints that “state and law enforcement officials have been negligent in dealing with conflict.”

In recent months, the government has been subject to criticism for failing to handle social conflicts — the latest being the ethnic conflict in Sumbawa, West Nusa Tenggara, earlier this month.

In defending the policy, Coordinating Minister for Political, Legal and Security Affairs Djoko Suyanto says the presidential instruction was issued in compliance with Law No. 2/2002 on the National Police, Law No. 34/2004 on the Indonesian Military (TNI), Law No. 17/2011 on state intelligence and Law No. 7/2012 on social conflict management. He also insists that the new instruction would not violate human rights, nor would it be used as a tool for repression.

The President and the coordinating minister were correct that security authorities not only need a legal umbrella but also practical guidelines to establish security in the country. However, the fact that the establishment of such an integrated team at national and regional levels would come along with the establishment of “an early warning system” as part of the measure to prevent conflict escalation will — in its implementation — collide with the public’s basic rights, such as freedom of expression and freedom of association.

The government also needs to ensure — again in its implementation — the involvement of the military (TNI) in the integrated teams will not violate the rules of engagement of military officers in helping the police — as the main player in the country’s domestic security affairs — establish security and order. The laws of the National Police and the TNI clearly stipulate such rules of engagement, as the police took the initiative to invite the TNI, the chain of command should remain with the police.

Apart from strategic and practical purposes in the dealing and handling of communal and social conflicts, the presidential instruction will remain “a fire extinguishing” mechanism against such conflicts. The government, in this case, should also think of measures that would significantly reduce — if not eliminate — the root causes of such communal or social conflicts.

Non-discriminatory government policies and strict implementation of laws and regulations are among the basic measures to establish security and order across the country. Otherwise, such conflicts will continue to erupt whenever justice and fairness are neglected.

Comment from KSBSI Consolidation:
 We have enough Law and regulation to handle case of riots. as mention: Law No. 2/2002 on the National Police, Law No. 34/2004 on the Indonesian Military (TNI), Law No. 17/2011 on state intelligence and Law No. 7/2012. Why we should need new Law and regulation. People Communal conflict as mention mostly need social approach than Military and repression approach. Involvement of Military and Police  on Civil case like religion expression, Labor case, and all civil human expression and right is against Human Right and Labour Right.  


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