Indonesian National Police (Polri) and National Military (TNI) drew out testimonies over judicial review on Social Conflict Resolution (PKS) which petitioned by Participative Society Initiative for Just Transition United (IMPARSIAL), Indonesian Legal Assistance Foundation (YLBHI), Choirul Anam, and Anton Aliabbas. In the trial which held Tuesday (9/9), both sides agreed that mayor/regent has to mull with DPRD in stating conflict condition.     

Previously, the Applicant pleaded the ruling of Article 16 and Article 26 UU PKS. Both Articles were seen running in opposing direction as principle of conflict status stipulation determined. Both Articles were also drawn legal uncertainty during social conflict outbreak.  

Sigit, Police representative, said that authority of conflict status stipulation must differ by its scale. In region/city scale the ground may be given to the regent and mayor. Keep staging up to another level as well, Governor to Province, and President for National Scale.  

Article 26 UU PKS determines that in region/city scale-conflict, mayor/regent may apply four policies, as follows. Restriction access in a scaled area within time limitation, limitation of people roaming around within time restriction, limitation of people roaming outside conflict area, and access restriction. The regulation draws uncertainty, as it was seen disregarding human rights.  

The stipulation by the regent/mayor can’t be necessarily done. Some phases must be passed through before the status established. The phases include, prevention, truce, and aftermath. “Some points must draw more attention, Polices’ work to mute must be comprehended into discretion. Polri has its own mechanism to conduct preventive action,” Sigit said.   

Regent/mayor must consult first with DPRD and Chief.Res.Police before establishing conflict status.

Supriyatna, TNI representative, said that TNI is also obliged to take responsibility over social conflict. As determined in Article 7 Act 34/2004, TNI has three main duties, strengthening Sovereignty, maintaining area intact, and protect all Indonesian citizens from any disturbance. The duties implement through War Military Operation (OMP) and Non-war Military Operation (OMSP). OMSP applied within regional Government and Police coordination. TNI also takes part in conflict prevention, conflict resolution, and aftermath revitalizing.(Yusti Nurul Agustin/kun)