Professor of the Faculty of Law of Universitas Gadjah Mada, Prof. Dr. Sudjito, SH, assessed the Draft Law on National Security (RUU KAMNSA) needs to be redesigned in a systemic-holistic manner. Fundamental changes must be made in order to meet the juridical-academic standards.
According to the professor, the implementation of national security needs to use a new paradigm, paradigms that are proactive, holistic, and sustainable.
"The paradigm is not just supposed to be reactive but to be proactive. Not partial, but rather holistic. Not temporary but sustainable," he said in a public consultation on the Draft National Security Law at the Graduate School of UGM, Yogyakarta, on Monday (21/12).
Therefore, said Sudjito, National Security Bill should be designed through a fundamental change, both in terms of the substance, structure, and culture of law, not just minor changes or incrementalistic.
Juridical-academic arguments and national insight based on the philosophy of Pancasila should be noted vividly in detail on academic texts. With such a fundamental change, fundamental changes are expected to become a reality and acceptable to all parties.
"Efforts to redesign systemic-holistic National Security Bill on December 14, 2015 version by using academic texts as reference are expected to make the Bill meet juridical-academic standards," he said.
Meanwhile, Director of Potential Defence, Ministry of Defence, Dr Timbul Siahaan, said National Security Bill would not change the role of the military as well as Act No. 34/2004 on the military, which explicitly mandated OMP (Military Operations War), and MOOTW (Military Operations Other Than War) tasks.
"Therefore, there is no room in the National Security Bill to restore the role of the military as in the New Order era," he said in a speech read by Potential Defense Secretary of the Directorate General, Brigadier General Eko Budi S.
In addition, the National Security Bill does not degrade the role of the police as stipulated in Law No. 2/2002 on the Indonesian police. However, this bill actually reinforces the role of the Police in the organization, duties, and functions. Not to reduce the role of the police as feared by some people.
"National Security Bill was not contrary to Law 14/2008 on Public Information and Law 40/1999 about press. It is not true that the National Security Bill will reduce public disclosure and freedom of the press," he said.
Added by Timbul, the harmonization process has previously been performed in the bill and it does not conflict with the Law 17/2011 on Intelligence and Law 7/2012 on Social Conflict Management. In order that the management of national security can be run effectively and efficiently and promotes democratic decision-making is necessary to establish the National Security Council (NSC), which involves elements of society.
Edy Prasetyono, Ph.D., professor of International Relations Department from University of Indonesia, conveyed that the legislation on National Security should be done, but this should be accompanied by amendments to several laws such as Law No. 2/2002 of the Police Forces of the Republic of Indonesia and the Law No.34 / 2004 on the military."It needs to be considered to have Laws related to TNI as reinforcement and the establishment of the National Security Council," he explained.