Informe sobre el país: Indonesia
1 Conscription
conscription exists
Conscription is enshrined in the 1945 Constitution. According to art. 179: "The Federal Law enacts regulations on the right and duty of all able citizens to assist in the maintenance of the independence of the Republic (...) and in the defence of the territory. The Federal Law regulates the exercise of this right and duty and determines the exceptions thereof." Art. 180, par.1 reads: "The armed forces of the republic (...) are entrusted with the protection of the interests of the Republic. (...) they shall consist of volunteers and conscripts. 2. The Federal Law stipulates compulsory service in the armed forces." [4]
Legislation providing for conscription has existed ever since the achievement of independence in 1948. The present legal basis of conscription is laid down in the 1988 Law on Conditions of Military Service, according to which Indonesians may be conscripted into the regular armed forces for two years and into the reserve forces for five years. [1]
Conscription has, however, never been enforced in general apart from certain forms of selective conscription (see: military service). Voluntary applications are usually sufficient to obtain the requisite number of recruits, as in Indonesia a military career is widely regarded as a step on the social ladder. [2]
Separate legislation deals with the mobilisation of citizens war time and at times of national emergency. The 1997 Law on Mobilisation and Demobilisation authorises the President, as the commander-in-chief of the armed forces, to conscript citizens aged 18 to 50 in war time, into both the army and the reserve forces. The law stipulates that conscription may be introduced only after a formal declaration of war. In 1982 a law had been passed - the law on the basic guidelines for the state's defence and security - which had called for such a law on mobilisation. [3] [5]
The 1997 law is not believed to reflect a changed perception of external threat by the Indonesian government. According to a government spokesperson, the law was passed to enable the government to deal with all kinds of emergencies, including natural disasters. [5]
The introduction of the law was also thought to reflect President Suharto's anticipation of an internal crisis, widespread ethnic violence or the possibility of elements within the army turning against him. Such foresight turned out to be well-founded, given the 1998 unrest in Indonesia and Suharto's subsequent fall from power. [7]
Indonesian defence policy is based on the concept of total defence (Hankam Rata), which requires every citizen to play a part in national defence. This concept was already formulated in the early years of independence, but practical measures to implement it have only been partially adopted. In theory, Hankam Rata is a people's defence system providing the country with a trained militia present nearly everywhere. Several paramilitary forces exist, such as Kamra (people's security) units, local militia whose 1,500,000 members are thought to receive three weeks' annual training. [3]
Recruitment methods of these forces are not known.
military service
Although there are no general call-ups for military service, there may be selective conscription of those possessing special skills. [1]
According to one source, some people with special skills (such as doctors) have occasionally been conscripted for short-term service military service. [6]
Another source suggests that young men who have reached a certain level of education (again, such as doctors, are expected to perform military service. [2]
No further details are known.
2 Conscientious objection
There is no known legal provision for conscientious objection.
3 Draft evasion and desertion
No information available.
5 History
In 1958 a law was passed requiring military service by all men aged 18 to 40. In the 1950s and 1960s students were reportedly conscripted into the armed forces and civil servants were believed to be liable to undergo military training. [4]
6 Annual statistics
The armed forces comprise some 461,000 troops - which is 0.23 percent of the population. Every year about 2,070,000 young men reach the age of 18. The number of conscripts in the armed forces is not known. [3]
Sources
[1] Lowry, Bob 1993. Indonesian defense policy and the Indonesian armed forces. Strategic and Defence Studies Centre Research School of Pacific Studies, Canberra, Australia. [2] Société I3c 1991. Military Powers Encyclopedia, Volume 6. Paris. [3] Institute for Strategic Studies 1997. Military Balance 1997-98. ISS, London. [4] Prasad, D., T. Smythe 1968. Conscription: a world survey, compulsory military service and resistance to it. War Resisters' International, London. [5] 'Suharto gets power to mobilise citizens', in: Straits Times, 9 September 1997. [6] US Library of Congress 1992. Indonesia - a country study. Area Handbooks, State Department, Washington DC. [7] War Resisters International, 10 September 1997.
Recent stories on conscientious objection: Indonesia
El 16 de agosto, el Jakarta Post informó sobre un nuevo proyecto de ley en una reserva militar nacional, que actualmente se está debatiendo en el Parlamento de Indonesia. No está claro si se trata del mismo proyecto de ley que había sido presentado en 2007 (véase el Informe OC n º 34 de noviembre de 2007).
Un debate sobre el servicio militar obligatorio también comenzó en Indonesia - pero para ser instaurado, no suprimido.