Is Our National Policy in Line with Current Regional Security Trends?
Background
National security policy plays an important role in shaping regional security developments. This policy is also closely related to the inflow of Foreign Direct Investment (FDI) into a nation as previously reviewed in Wehrlé & Pohl (2011) and Walanda, Garnadi (2019). This role is specifically related to: (i) Investor (especially foreign investor) confidence, (ii) Risk mitigation, (iii) Economic and Legal Stability, (iv) Protection of Investor Assets, (v) Political stability, and (vi) Infrastructure development in the country, especially in Indonesia. Therefore, in this edition we are interested in discussing the Decree of the Coordinating Minister for Political, Legal, and Security Affairs of the Republic of Indonesia Number 90 of 2023 concerning the Task Force for Handling Indonesian Citizens Abroad Associated with Foreign Terrorist Fighters (FTF) (hereinafter referred to as “KepMen 90/2023”) – this regulation reflects Indonesia’s policy in handling Indonesian citizens associated with FTF – and to that end seeks its relevance to the latest publication of Regional Security Developments IISS (The International Institute for Strategic Studies) entitled: Asia-Pacific Regional Security Assessment, Key Developments and Trends, published in May 2024 (hereinafter referred to as “APRSA 2024”).
Discussion
Referring to KepMen 90/2023, then the mention of the Fifth dictum is a relevant place to draw
the connection between the regulation and APRSA 2024.
Basically, APRSA 2024 does not only cover the State of Indonesia but also considers regional
factors (Asia Pacific region) and extra-regional (multilateral agreements and its hegemony).
Thus, the two factors that are taken into account are related to security risks in the region, related
to counter-terrorism efforts and handling of FTFs. When we connect APRSA 2024 with KepMen
90/2023, it is to determine whether APRSA 2024 takes several elements related to counterterrorism measures contained in KepMen No. 90/2023. According to KepMen 90/2023 paragraph
a, “terrorism is a serious, transnational, organized crime, and has a wide network that threatens
stability, security, both nationally and internationally”.
Notes:
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When discussing the Fifth Dictum number 2 and 3 of KepMen 90/2023, where number 2 isentitled Operational Stage in Border Areas and Number 3 is entitled Post-Border OperationalStage, then each stage discusses monitoring, assessment, information/data transfer, andcoordination of transnational crimes and counter-terrorism. The correlation of KepMen 90/2023with APRSA 2024 is not only limited to the context of the country of Indonesia, but alsobilaterally and multilaterally.
a) Coordination of counter-terrorism and transnational crimes.
This can be seen in APRSA 2024, including in relation to: (i) maritime terrorism, (ii) bilateral
cooperation between the People’s Republic of China (PRC) and Pakistan through the 3rd Sea
Guardian Exercise for the prevention of maritime terrorism, (iii) Implementation of bilateral
mechanisms by and between Southeast Asian countries to address common threats such as
transnational crimes and terrorism.
b) Coordination at the Stage before border, within border areas, and after the Border.
As stated in KepMen 90/2023 Dictum Five number 2 (b): “coordinating with relevant parties
abroad regarding field operational plans, especially those related to security risk mapping, access
routes, and data collection process mechanisms by respecting for territorial sovereignty”. So this
is also reflected in APRSA 2024 whereas “The issues that are most often focused on are the role
of the PLA (People’s Republic of China Armed Forces) in joint military exercises over the past
two decades centered on land operations, HADR (Humanitarian Assistance and Disaster Relief),
and counter-terrorism efforts” in the Asia Pacific region. The involvement of the United States in
coordinating counter-terrorism in the Asia-Pacific region is also mentioned in the APRSA 2024
report which includes direct communication mechanisms, such as naval hotlines, defense
hotlines, general military hotlines, coast guard hotline protocols, cross-border hotlines for
terrorism and security. In APRSA 2024 it is also stated that “The Indian Navy conducts wider
coordinated patrols along the international maritime boundary with the navies of Bangladesh,
Indonesia, and Thailand.” And in addition to cooperation and coordination with the PRC,
Indonesia has signed two crisis management mechanisms with the Philippines in 2018 and 2019
regarding cross-border hotlines focused on counter-terrorism and maritime security cooperation.
The Philippines and Vietnam signed a naval hotline in 2014 and a coast guard hotline in 2024.
Therefore, this international cooperation arrangement is in line with the provisions of the Fifth
Dictum in KepMen 90/2023 in carrying out coordination, exchange of intelligence information,
routine patrols, and in-depth assessments through data collected to determine the
actions/operational stages to be taken by the Indonesian government regarding Indonesian
citizens associated with FTF, both at the Pre-Border, Within-Border, and After-Border stages. All
of this is certainly needed to determine the need for further legal or non-legal processes for the
related legal subjects.
Conclusion
The correlation between APRSA 2024 and KepMen 90/2023 is one manifestation of theadaptation of domestic policies, especially in relation to the handling of Indonesian CitizensAbroad Associated with FTF, with regional security trends. The assessment by the relevant TaskForce as regulated in KepMen 90/2023 functions as a aligner for regional dynamics in the contextof national and regional security in the region.In the future, with the development of geopolitical dynamics and international cooperation, wealso need to re-evaluate and update counter-terrorism measures and prevention and handling oftransnational crime, especially with the emergence of new actors and changing trends in modeswhich can affect legal politics and the inflow of foreign investment (FDI) in a sustainable mannerto Indonesia.