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Security Sector Reform toward Professionalism of Military and Police

Senin, 09 Agu 2021, 10:28:38 OTL - 518 View
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Security Sector Reform toward
Professionalism of Military and Police

 

Arquimino Ramos

Lecture of UNPAZ and National Institute of Defense, Timor-Leste

 

International Journal of Trend in Scientific Research and Development (IJTSRD)
Volume 5 Issue 5, July-August 2021 Available Online: www.ijtsrd.com e-ISSN: 2456 – 6470

 

ABSTRACT

The need to understand and at the same time give prescriptions for the direction of security reform in Third world countries after the end of World War II has prompted the emergence of a 'big project' called the study of security reform (SSR). Within this framework emerge various theories and strategies for security reform, with various aspects, including ideological that underline these theories. The reform of the structural aspect is a reform of the institutional and structure of an institution, the instrumental reform includes the reform of the system, laws and regulations, while the reform of the cultural aspect is a reform of the habits or organizational culture in general and in particular the Timor-Leste’s security institutions, both military and police to be professional.

 

INTRODUCTION

 

The reform of the UN Security Council began in 1965 where members of the Security Council with veto rights such as the United States, Russia, China, France and Britain to enter and issue new Security Council members and in 2003 one member of the UN Security Council controlled 6-7 countries. The reform of the security sector in ASEAN, especially Indonesia, only started in 1999 under the leadership of Indonesian President Abdurrahman Wahid, namely the separation of the Indonesian National Army (TNI) and the Indonesian National Police (POLRI) under umbrella of Indonesian Army Forces of Republic (ABRI).

On the other hand, the Police force in Timor Leste was established with the assistance of the United Nations under UN resolution 1272 and UNTAET Regulation No.1/2000 dated 27 March 2000. Meanwhile, the establishment of the Timor Leste Defense Forces/Forca Defesa (F-FDTL) is the transformation of the resistance forces which was formed in August,20, 1975 which transform the Guerrilla Forces “Forca Guerilha“ to the modern Armed Forces. Modern defense or Exercito Regular, which began with the Inauguration or promotion of Brigadier General Taur Matan Ruak on February 1, 2001. Sergio Vierra de Mello, UNTAET Transitional Administrator. Judging from the history of the establishment of these two institutions, it is necessary to have changes to become a professional and modern defense and security institution. Abilio P. Lousada et all, (2012:255).

Categorically divide the area of ??“Security” with “Defense”, in defining the functions and tasks of F-FDTL and PNTL. In this case, PNTL is designated as the institution responsible for “Security” while F-FDTL is responsible for “Defense.”

To reform the security sector there is no fixed formula, but the important point is democratic control over the security sector who guard the guards“ control over decision-making in defense and security matters. Reform is all activities carried out to change, perfect and modernize something. Security sector reform is a transformation of actors, functions, powers and duties and responsibilities of the security sector.

The establishment of the security institution of Timor Leste from the international agency of the United Nations because since this country been separated from the Republic of Indonesia in 1999, the security of this country has been controlled by the Multi-National Forces who joined the INTERFET (International Force in East Timor) troops led by Major General Peter Cosgrove then in PKF (Peace keeping forces) and UNCIVPOL (United Nations civilian Police). In the context of Timor Leste, especially since the establishment of F-FDTL and PNTL, the notion of "security" seems to be becoming increasingly clear, that F-FDTL guarantees security against external threats and PNTL guarantees the security of citizens and all their property, this is strengthened by the creation of the RDTL constitution in March 2002 after the establishment of these two institutions where article 146 stipulates the mission of F-FDTL and article 147 regarding the mission of the National Police of Timor- Leste. This also affects not only the issue of setting the level of authority between the two, but also the performance and effectiveness of the two institutions in carrying out their functions.

Definition of Security Reform

Reform is all activities carried out by individuals and institutions in changing, perfecting and modernizing something. (To change, to perfect and modernized) reform is also a transformation which includes security actors in this case changing organizational habits to become professional, independent and accountable.

In a narrow sense, security is the ability to maintain sovereignty and independence. Security comes from the word safe which is a living condition without threats and fear. The above definition includes external security and internal security.

Security in a broad sense is welfare, which means that people feel safe in all aspects of life. In order to carry out security tasks above all, countries make huge investments in the defense and security sector because they anticipate global security threats and face the threats of conventional and non-conventional wars that never end. War is the occurrence of physical and non-physical actions between countries or groups that try to dominate each other regarding conflicting areas or ideas or perceptions. Conventional war is the use of violence in this case military aggression which is often called armed conflict "arms conflict" while non-conventional war is terrorism, acts of radicalism, racial and religious conflicts, drugs, people smuggling, money laundry and others.

Conflict and war cannot be avoided because of the unlimited desire of the State and humans so that they try to dominate each other because of economic interests, ideology, race, religion, territorial boundaries and other differences. Thus, investment in the defense and security sector in the development of human resources, facilities and infrastructure is very important for all countries, including the State of Timor Leste which has just established its security institutions.

Security reform is a transformation of actors, functions, powers and responsibilities of security institutions in accordance with the objectives of the State. Changing the functions, duties and responsibilities of security through changing laws and regulations in accordance with the needs of the people of each country and the mission and vision of the organization, on the other hand changes in defense and security can also occur due to changes in the political system and government.

Reform Aspects

The aspects of reform described by the author are structural, instrumental/legal and cultural aspects from the beginning of the formation of the National Police of Timor Leste until now.

  1. Structural Aspect

Structural reforms are all forms of organizational changes, institutions, councils, institutions and the duties and responsibilities of the organization. In this aspect, changing the structure according to the conditions of the institution which can respond to the needs of the people in accordance with the mission and vision of the organization. The PNTL institution has changed/reform the organizational structure, where previously PNTL had two deputy commanders general or Comandante Geral, namely the deputy for the Operations and the deputy commander for the police administration according to Decree law No 8/2004 in to one deputy general commander only.

The provisional rank structure which establish by the UN has 5 levels such as; Agent, Senior Agent, Sub-Inspector, Inspector and Superintendent as the Police Commissioner or General Commander (UN Police Administartion Manual;2001), it is transform into 12 level of ranks namely; Agent/Ajente, Ajente Principal, Ajente Chefe, Sargento, Segundo Sargento, Sargento chefe, Inspector Assistente, Inspector, Inspector chefe, Superintendente Assistente, Superintendente, Superintendente chefe. And the rank of Commissioner (Comisario) is only 2 general level who served as Commander and Deputy Commander General of the Police which only served for 4 years through the decision of the Council of Ministers "Conchelo Ministro"

According to UN General Assembly Resolution No.34/169/1979, the ideal number of police officers is 222 for 100,000 inhabitants, which means 1 police officer for 450 people, so the Timor-Leste National Police needs to increase its personnel because the current personnel are 4,104 members. The need for additional police personnel is due to the presence of units that carry out other functions other than direct public security such as the Border Patrol Unit (UPF/Unidade Patrulhamento Fronteira), Maritime Police Unit (UPM/Unidade Policia Maritima) and the Special Police Unit (UEP/Unidade Special Policia) especially the Security Unit for State Officials (VIP/Very Important Person) (and the Immigration Police). One example of  the police ratio to population is the Ermera District Police with 115 Personnel for 1,116,000 population/Residents, census 2010. The implementation of village police officer (OPS/ofisial polisia suco) which is allocated one police officer to each village to implement the community policing philosophy of the national police.

  1. Legal Aspect:

Reforming and amendment of laws, internal regulations or organizational procedures. In this aspect, the PNTL has changed the organic law of the Timor-Leste National Police No. 8/2004 in to Law No. 9/2009 which is in accordance with the situation and conditions of the State which also includes a new rank level as stated in the structural aspect above. Up to now there is 44 internal regulations which include regulations on the use of force which have now been promulgated in to decree law, administrative procedures for correspondence, regulations for the use of police uniforms and others.

Understanding of Law no. 2/2010 of the National Security Law and Law no. 4/2010 Internal Security Law by all levels of society in advance the Defense and Security Institutions is very important in order to avoid conflicts in the future as the implementation of the Timor-Leste strategic defense and security concepts of integrated system.

  1. Cultural Aspects:

Reforming organizational culture and organizational habits. This aspect is intended to improve the culture of military and police discipline. The PNTL Institution has delegated investigative authority to the disciplinary unit at the District level where previously all disciplinary cases were handled by the PNTL headquarters. Changing one's life habits is not easy, so it requires military and police education that is mature, thinking globally and acts locally.

From the three aspects above, the author sees that there is a need for legal reform in accordance with the security policy that starts with the national interest of Timor Leste which is stated in the RDTL Constitution, the Internal security law and the security law. (National Security) in order to be able to formulate an education and training system that is in accordance with the situation and conditions of the RDTL country without compromising the prevailing international norms in this case by thinking globally and acting locally (global thinking and local act).

Reform Goals

Dror (2002:115) argues that the objectives of state administration reform are:

  1. Administrative efficiency, in the sense of saving money that can be achieved through simplifying forms, changing procedures, eliminating duplication and other organizational activities.
  2. Elimination of weaknesses or diseases of state administration such as corruption, favoritism and the friend system in the political system, and others.
  3. Introduction and promotion of merit systems, use of PPBS, processing data through automated information systems, increasing use of scientific knowledge and others.
  4. Adjusting the state administration system to the increasing public complaints.
  5. Changing the division of labor between the state administration system and the political system, such as increasing the professional autonomy of the state administration system and increasing its influence on a policy.
  6. Changing the relationship between the administrative system and the population, for example through relocation of centers of power (centralization versus decentralization, democratization and others).

So that the goal of reform is to achieve the planned goals efficiently, effectively, transparently, neutrally and effectively.

Good Governance and the Role of the Security Sector

In a democracy civil control of the security sector is very important but there is no standard formula that must be used to exercise civil control over the security sector in the sense of who guards the guards. over the security sector is very effective.

Commitment from many countries to carry out good governance "good governance" which also includes security sector institutions to achieve state goals, which include state stability, people's welfare and social justice. To achieve this the governments of various countries are trying to carry out reforms in various sectors. There are 3 Pillars of good governance, namely:

  1. Political Pillar “Political good governance”

Implementation of a democratic political system. Democracy is power in the hands of the people. The 2002 RDTL Constitution, article 62 says that political power is in the hands of the people, which means that it is the people who choose their representatives to make political and development policies through the executive and legislative bodies. The role of the security sector, in this case the Police, can guarantee democratic legality as stated in the RDTL constitution article 147 paragraph 1 where the Police guarantee the running of the law and a democratically elected sovereign body through general elections. Many countries in the world, including Portugal, have reformed their political system in 1974 by the Portuguese military institution known as the flower revolution or Revolucao dos Cravos. Where to change the system or regime of the Salazar kingdom into a democratic political system in which Portugal now has a democratic government and is elected by the people through general elections.

  1. Economic Pillars of “Economical good governance”:

Organizing economic activities that are able to improve the welfare and prosperity of the people in a fair and equitable manner. To carry out good governance in the economic pillars, the government needs to invest in the productive sector to improve the lives of its citizens and carry out development policies that can share the results of the earth's wealth fairly and equitably in terms of providing equal opportunities for all levels of society to carry on their lives so that avoiding social inequalities. Creating equal employment opportunities is also stated in the 2002 RDTL Constitution, article 50 which says; All citizens, both men and women, have the right and obligation to get a job and choose a profession freely.

  1. Pillars of Administration “Administrative good governance”:

The pillars of administration are; Implementation of a government that is free from corruption, collusion, nepotism, neutral, professional, efficient and effective. The military involvement in politics to implement good governance in their respective countries, such as; military revolution in Portugal in 1974, the people's action in Libya which killed their own President in order to stop the corruption, collusion and nepotism.

Of these three pillars, the author sees that the pillars of political good governance have been applied well because Timor Leste has a multi-party system (multi-partidarian) and is actively consolidating democracy by not involving the military in political decisions in this country. properly addressed because there are still many civil servant recruitment organizations that are not based on a merit system and the provision of  minimal job opportunities which cause  a significant increase of population in the capital of the country, this can lead to social inequality which will have an impact on security stability and hinder the implementation of development that goes well.

On the other hand, on the pillars of administrative good governance, the government is committed and is actively improving government performance by establishing an Inspectorate General in each ministry to conduct routine inspection on state budget spending, establishing a Human Rights Provedor or Ombudsmen/ Provedor Direitos Humanos to control human rights violations and establishing anti-corruption commission (KAK) to investigate corruption cases and prosecute to the court

Security Sector Professionalism

Organizational professionalism is all activities carried out in accordance with the goals expected by the organization and society. In this case doing the right job, at the right time and at the right place. Professional military characteristics according to Samuel Huntington in Adi sutanto 2009; 144; (Characteristic of professional military):

1. First, related to expertise, professions in the military are specific and require knowledge and skills. This knowledge and skills are related to control over the human organization whose primary duty is to use force (managing the violence). This knowledge and expertise is to control an organization whose main task is crime management.

Because the security forces have the authority to use violence in order to maintain sovereignty and ensure security for citizens and their property, it is necessary to have adequate training in order to carry out their functions and responsibilities in accordance with applicable laws.

2. Second, related to a specific social responsibility. Besides holding high moral values ??which must be totally separate from economic incentives, a military officer also has a sense of responsibility towards the nation. The military has to be totally separate from economic incentives and members of the military have a responsibility to the State.

The expected social responsibility for the security sector is to prepare security actors who are physically and mentally ready to love their country/homeland and love their people. In carrying out their duties, security sector institutions are not allowed to receive incentives that are not from their institution, in this case, bribes from any party, whether political or business.   

3. Third, a corporate character among officers which gives rise to a strong feeling of esprit de corps. An ability to work with other groups in the interest of the nation. These three factors were then developed to focus on military functions as the defenders of national security. It is very clear that the military is free from politics and serve only the interest of the State.

 

According to Farouk Muhamad in Arquimino 2014:89, professional police are police who are disciplined, efficient and effective.

On the other hand, Jim Burack in Arquimino (2014: 45) divides it into two concepts, namely traditional professionalism, namely "sense of integrity" integrity, honesty and adherence to a code of ethics, while modern professionals are police involving or involving the community in fight crimes. Police who have modern professionalism are smart police "Police smarter" To measure professionalism, Sulliva, a police expert and criminologist in the United States,  seen from three parameters, namely "Motivation", "Education" and "Salary" income, which are called  the "Well MES" principle.

Professionalism is carrying out the duties and responsibilities that are developed appropriately and correctly and in accordance with the rules and norms. The professionalism of the security sector also ensures and defends the truth. Truth is usually provable by law, divine/believe, scientific theory and consensus on the national interest.

According to the UN Charter on the Code of Conduct for Police Officers and law enforcement agencies 1979, Security Institutions can work professionally and need to be supported by the following parameters;

1. Good training / Well trained, good training can help members of the security sector institutions work because they have expertise in functions that are in accordance with the organization's mission. Example; expertise in ambushing enemies of the State, arresting criminals, and VIP protection.

2. Adequate equipment / Well equipment, Adequate equipment will determine the security sector institutions carry out their duties and responsibilities in a professional manner. Equipment for detecting crime needs to be adapted to the times because modern crimes now have many electronic crimes, money laundering/money laundry, cybercrime and so on. Marine Security Forces must have a good ship to protect the sea and its wealth.

Today's modern police, commonly known as community policing, the police join the community in their daily activities. Police are in schools, markets, community events, places of worship, entertainment venues, tourist attractions and other crowded places with the aim of detecting crime early. The modern police force has a different to the old police system which mostly reside in offices and barracks or dormitories while waiting for reports of crimes from the public. .

  1. Adequate education / Well educated, Adequate education can help members of security sector institutions work with high creativity because education can increase work productivity. Timor Leste National Police Education It is necessary to establish a good police education institution in order to produce police cadets who are highly knowledge in facing the development of science, technology and globalization. Our police should meet certain educational standards, the police are required to be able to understand the modus operandi of crimes and knows the legal instruments to be threatened against criminals. To fulfill that mission the police education absolutely must be good. As we all knows, that the modes and techniques of crime are getting more sophisticated with the times. Meanwhile, our current police education qualifications are still majority from high school, junior high and even elementary school graduates.

This deficiency must be covered by further education such as seminars, workshops, upgrading short courses to increase the police knowledge. The government's policy to send several police officers to universities to hold bachelor's and master's degrees deserves a thumbs up from the leadership of the PNTL.

  1. Welfare and salary, Welfare and adequate salary can increase employee performance. doing a good job because they needs well paid, in order to avoid misconducts and they focus on institution mission only without thinking about other businesses to get additional money. even avoid  them from corruption cases.

It should be noted that the salaries of police members are relatively small compared to other law enforcement officers such as prosecutors and judges. As an illustration of the salary of the police according to the salarial regime in 2010, the salary of lowest rank of police agent/ajente is 170 USD/month and a highest carrier rank of chief superintendent is 576 USD/month which has same amount with military officers. In comparison to other countries in Asia it’s self, According to the Asian week report 1994; Singaporean police salary at the lowest level of police agent is 513 USD/month, Japanese police 1,708 USD/month, Hong Kong police agent 1,323 USD/month.  On the other hand, the salary of a new health workers such as new doctors is 510 USD/month and Diploma graduates nurses are 448 USD/month.

Therefore it is necessary to  provide better welfare for members of police and military. According to General Assembly Resolution No. 34/169, 17 December 1979 Article 12 of the United Nations Code of Conduct says; all law enforcement and police officers should be adequately remunerated and should have decent working conditions. The same thing is also stated in article 11 of the European police code of ethics and article 16 of the American Convention on the guidance of law enforcement officers.

  1. Good motivation/well motivated, Good motivation is one of the aspect can increased employee performance. Rewards system have to be fair and transparent. Employee has enthusiasm because they will get awards / rewards if they are doing good job.

As a police officer, he/she is required to be mentally and physically prepared, he must be willing to serve the community, the police are required to play an active role in times of traffic jams and riots, the sacrifice must be total. The motivation of the institution includes rank promotion and job promotion for those who has high standard of  discipline and has to be punish who doesn’t comply to the rules and low performance. It is the responsibility of the government to provide safe and comfortable working conditions.

The five factors above are not only the responsibility of the security institutions, but it is also the responsibility of the State in investing in the security sector to create professional, independent and accountable security institutions that can carry out their constitutional mandates effectively.

Police professionalism is very much needed in carrying out their duties, both as maintaining security and order and as law enforcers, considering the modus operandi that is increasingly sophisticated with the times. If the police are unprofessional, the implementation of police duties will not go well, as a result, public security and order are always disturbed as a result of the police being unprofessional in carrying out their duties.

From the description above the author can recommend that 1). Bilateral cooperation with developed countries such as Australia which has been running since 2004 through a Memorandum of Understanding (MOU) signed by the Governments of Australia and Timor Leste in the Timor Leste Police Development Program (TLPDP) needs to be improved. Similar cooperation needs to be carried out with other developed countries in order to increase professionalism. 2). Procurement of special security tools is also considered because the professionalism of security institutions without being supported by adequate equipment cannot be achieved properly.

Parliamentary Oversight of the Security Sector

In a democratic country, sovereignty is in the hands of the people, which means the people have the right to choose who will get the mandate to run the government through general elections. There is no standard formula for security reform but there is clarity on who oversees the security sector “who guards the guards”. In the 2002 RDTL constitution, the parliament has the authority to carry out inspections and approval of the state budget, which includes security and defense institution’s budget. In the sense that spending on security sector institutions is approved by the national parliament.

The biggest challenge for the civilian government in Timor-Leste is how to make effective civilian control over all these Security Sector Reform institutions. Reflecting on the conception of a democratic state, civilian control over the military is in the perspective of civil-military relations. Samuel Huntington in Arquimino (2014;40) introduced two forms of civil control. First, subjective civilian control, namely maximizing civilian power. In simple language this model is defined as an effort to minimize the power of the military, and maximize the power of civilian groups. Second, objective civilian control, namely maximizing military professionalism. This model shows that there is a division of political power between military and civilian that is conducive to professional behavior. Objective civilian control as opposed to subjective civilian control. Subjective civilian control achieves its goal by civilizing the military and making them a mere instrument of political power. While civilian control objectively achieves the goal by militarizing the military and making them an instrument of the State.

Samuel Huntington (1957; 1)identifies CMR as military security policy, which together with internal and situational security policies is an aspect of national security policy working at both the operational and institutional levels.

Military security policy’s role is in minimizing or neutralizing “efforts to weaken or destroy the nation by armed forces operating outside its institutional and territorial confines”. CMR is situated at the operational level, where it is also a dominant component. By definition, the operational level provides the immediate means to meet security threats.

The essence of objective civilian control is the recognition of professional military autonomy, while subjective civilian control is the denial of military independence. Objective civilian control will give birth to healthy civil-military relations and have more opportunities to create the principle of civil supremacy, on the other hand subjective civil control will make civil-military relations unhealthy. Therefore, objective control does not only minimize military intervention into politics, but also requires the superiority of elected civilian authorities (elected politicians) in all political fields, including in determining military budgets, concepts, and national security strategies.

There are a number of challenges and threats to the sustainability of the security sector reform and strengthening of democracy in Timor-Leste, namely the weakness of civil control which can be seen in the weak oversight and planning and implementation of the law. The great opportunity for the politicization of these institutions by both the parliament and the executive. In addition, external threats in the form of war on terrorism become one that can be considered as a challenge as well as a threat. Challenges because efforts to eradicate terrorism can build good relations with regional neighboring countries.

On the other hand, it becomes a threat because the war on terrorism is carried out by justifying various means. It even eliminates state sovereignty and borders. The problem is if in the process the security program cannot keep up with the rhythm of the challenge which ultimately destroys the things that have been achieved.

The challenges described above can serve as a basis for us to formulate various agendas that must be carried out in order to pave the way for the successful implementation of security sector reform in Timor-Leste.

Security in Timor-Leste

In the 2002 RDTL constitution, the notion of "security" seems to be becoming clearer, that F-FDTL guarantees security against external threats, defends sovereignty and territorial integrity in article 146 and the PNTL guarantees the security of citizens and all their property in a non-partisan manner in article 147. Strengthened by the organic law of the two institutions after a decade of the establishment of these two institutions. This policy can affect not only the issue of setting the level of authority between the two, but also the performance and effectiveness of the two institutions in carrying out their functions.

From the perspective of Security Sector Reform, such an understanding does not even complicate the reform process itself. 1. Clarify the meaning of the concept of “security” so as not to complicate the process of structuring the functions and effectiveness of F-FDTL and PNTL, 2. The confusion of concepts does not encourage the birth of awareness of the importance of the formulation of a National Security Policy which should be a reference for this country in rebuilding this nation from the political and military crisis that occurred in 2006.

One of the government policies apart from the organic law of the two institutions that can be used as a reference is the making of the National Security Law or the Lei Seguransa Nasional Law no. 2/2010 and the domestic security law, namely Law no. 4/2010 on Domestic Security.

National Security Concept

In various Security Studies literature, the issue of defining the concept of "security" has become a hot topic of debate, at least until the end of the Cold War. In this case, the academic debate about the concept of "security" revolves around two major streams, namely between the strategic definition and the economic non-strategic definition. The first definition generally places "security" as an abstract value, focuses on efforts to maintain the independence and sovereignty of the state, and generally has a military dimension. Meanwhile, the second definition focuses on safeguarding economic resources and non-military aspects of the functioning of the State. In this aspect it also explains that security is a state or condition that is free from threats (no threat condition) and free from feelings of fear (no fear).

During the Cold War, the first definition seemed more prominent. National security, for example, is seen as a condition where the state is physically protected from external threats. Even if the definition of "national security" is placed normatively, such as the definition of Frederidck Hartman who sees security as "the sum total of the vital national interests of the state," then the "national interest" is also defined as "something that makes the state willing and ready to war." Security is also often understood as the state's efforts to prevent war, especially through a military force-building strategy that provides deterrent capabilities. In other words, the definition of security is often based on the assumption of the supremacy of military power as a means to protect the state from external military threats.

This conception of national security was seriously challenged with the end of the Cold War. Various attempts to broaden the meaning of security have begun to gain a place, both in academic discourse and among practitioners. The concept of "security" is no longer dominated by a military definition, which emphasizes aspects of conflict between countries, especially those related to aspects of threats to national territorial integrity (the concept of territorial security). However, the end of the Cold War has strengthened the understanding of the concept of security from a comprehensive perspective, namely through the concept of comprehensive security.

Timor Leste's understanding of the concept of “security” has in fact recognized the interrelationships between aspects of life, which are not only dominated by the military aspect. This is clearly manifested in the conception of National security. Thus, in this context, the separation of the meaning of "Security" from "Defence" through the spatial dimension is a reflection of the phenomenon of delay, if not underdevelopment, conceptually. When the international community moves towards broad definitions, we are actually moving backwards from our own comprehensive perspective towards narrower understandings and definitions.

In other words, understanding the concept of "National Security" is not appropriate when referring to the dimensions of space, both internal and external, but to a totality of the state's ability to protect what is determined as core values, the achievements of which are is a continuous process, using all elements of existing power and resources and covering all aspects of life.” Such a comprehensive understanding will assist us in placing the National Security Policy as a common umbrella in formulating various threat management strategies, both internal and external threats, so as to create national synergy in solving various problems faced by this country.

The formulation of the national security law no. 2/2010 which builds civil-military relations and cooperation of all state institutions to maintain state sovereignty and state objectives as stated in article 6 of the 2002 RDTL constitution.

Timor Leste's Security Challenge

With such a comprehensive understanding, what are the components of Timor Leste's national security? For the next 25 years, it is clear that the challenges of Timor Leste's national security will revolve around tackling the following problems:

  1. Ensure stability of internal security, especially law enforcement.
  2. Improving economic conditions and people's welfare.
  3. Resolve and prevent conflicts of race, religion, politics and martial arts organizations.
  4. Prevent and resolve the problem of political ideological differences after the decolonization of Portugal and the period of Indonesian occupation in Timor Leste.
  5. Prevent and resolve land ownership issues.
  6. Guarantee and consolidate democracy.
  7. Manage equal and mutually beneficial relationships with the rest of the international community
  8. Build and reform the performance of F-FDTL and PNTL institutions in structural, instrumental/legislative and cultural aspects so that these two institutions become professional.
  9. Prevent and resolve land and sea borders with the Republic of Indonesia.
  10. Prevent and resolve maritime borders with Australia.

Conclusion

Such national security challenges clearly require the involvement and cooperation of all components of the nation in overcoming them. Threats to the core elements (core values) of national security can come both from outside and from within. At least, at first glance it can be predicted that the role of the Ministry of Foreign Affairs and cooperation, F-FDTL and PNTL will appear more prominent. What needs to be understood is that the existing institutional divisions are only institutional and administrative in nature, but their functions can be interrelated.

Although the definitions of national security, internal security and defense are conceptually different, their implementation in Timor-Leste is often marked by confusion. The confusion will be more pronounced if it is associated with issues of the level of authority, especially between security institutions. This is partly due to the translation of terms. Therefore, the term internal security, particularly in relation to the duties of the PNTL and for the purposes of legislation and policy, may be replaced by public order and public safety. Meanwhile, the term internal security requires structuring and clarity of levels of authority between PNTL and F-FDTL.

Reform in security institutions is very important to police, military and other law enforcement agencies in order to change and modernizing toward professionalism. The separation of duties and responsibilities has to be implement even though  the Timor-Leste strategic concepts of defense and security is integrated system, in other to avoid militarization in a democratic society.

References

  • [1] Aleksius Jemadu (Ed.), Praktek-praktek Intelijen dan Pengawasan Demokratis-Pandangan Praktisi (Jakarta: DCAF- FES, 2007)
  • [2] Anas S. Saidi & Jaleswari Pramodhawardani (Ed.), Military Without Militarism, Suara dari Daerah (Jakarta: Puslitbang Kemasyarakatan dan Kebudayaan LIPI, 2001)
  • [3] Andi Widjajanto, (Ed.), Reformasi Sektor Keamanan Indonesia, (Jakarta: Propatria Institute, 2004)
  • [4] Anneke Osse, Understanding Policing: a Resource for Human Rights Activists (Amsterdam: Amnesty International Netherlands, 2006
  • [5] Budiyanto, M. Nur. Reformasi Administrasi Negara Dalam Era Globalisasi (dalam Jurnal Studi Indonesia). 2003. Jakarta : Pusat Studi Indonesia Lembaga Penelitian UT.
  • [6] Clem McCartney, Martina Fischer dan Oliver Wils, Security Sector Reform, Potentials and Challenges for Conflict Transformation (Berlin: Berghof Research Center for Constructive Conflict Management, 2004)
  • [7] Dian Kartika Sari (Ed.), Reformasi Ekonomi Pertahanan di Indonesia (Jakarta: INFID & Pacivis UI, 2006)
  • [8] Pudi Rahardi, Hukum Kepolisian ” Profesionalisme dan Reformasi Polri, Laksbang Mediatama, Surabaya, 2007
  • [9] Huntington, S. P. 1957,The Soldier and the State: The Theory and Politics of Civil-Military Relations. Cambridge, MA: Harvard University Press.
  1. Jeffrey A. Winters, Power in Motion, Modal Berpindah, Modal Berkuasa, (Jakarta: Pustaka Sinar Harapan, 1999)
  2. Mufti Makaarim A. & Sri Yunanto, Efektifitas Strategi Organisasi Masyarakat Sipil dalam Reformasi Sektor Keamanan di Indonesia 1998-2006 (Jakarta: Institute for Defense Security and Peace Studies, 2008).
  3. Marpaung, Rusdi. et al. (ed). 2005. Dinamika Reformasi Sektor Keamanan. Jakarta: Pro Patria
  4. Meliala, Adrianus. 2002. Problematika Reformasi Polri. Jakarta: Trio Repro
  5. Manulang. A.C. 2001. Menguak Tabu IntelejenTeror, Motif, dan Rejim. Jakarta: anonim.
  6. Organization for Security and Co-operation in Europe (OSCE), Buku Panduan Mekanisme Demokratis Perpolisian (Vienna: OSCE, Lesperssi, DCAF, 2006)
  7. Ramos, Arquimino, 2014, Security sector reform/Reformasi Sektor Keamanan, Gitakasih, Kupang, Indonesia
  8. Stanley (ed). 2000. Indonesia di Tengah Transisi. Jakarta: Propatria
  9. Sibarani, Santhy M. et al. 2001. Antara Kekuasaan dan Profesionalisme Menuju Kemandirian Polri. Jakarta: PT. Dhramapena Multimedia
  10. Said, Salim 2001. Militer Indonesia dan Politik: Dulu, Kini, dan Kelak. Jakarta: Sinar Harapan.
  11. Sukma, Rizal. Et al. 2003. Security Sector Reform in Indonesia: The Military and The Police. The Neterlands: Netherland Institute of International ‘Clingendael’
  12. T Hari Prihatono (Koord.), Keamanan Nasional: Kebutuhan Membangun Perspektif Integratif Versus Pembiaran Politik dan Kebijakan (Jakarta: Propatria & FES, 2007)
  13. Tim Imparsial, Menuju TNI Profesional Tidak Berbisnis dan Tidak Berpolitik (Perjalanan Advokasi RUU TNI) (Jakarta: Imparsial, LSPP, Koalisi Keselamatan Masyarakat Sipil, 2005)
  14. Willem F. van Eekelen, Dimensi Parlemen dalam Pengadaan Pertahanan, Persyaratan, Produksi, Kerjasama dan Akuisisi (Jakarta: Lesperss-DCAF, 2005)
  15. Widjajanto, Andi (ed). 2005. Reformasi Intelejen Negara. Jakarta: Pacivis-FES
  16. Yunanto, Sri. Et al. 2005. Evaluasi Kolekstif Reformasi Sektor Keamanan di Indonesia: TNI dan Polri. Jakarta: The RIDEP Institute-FES
  17. Decree law No 9/2009, 12 Maret, Undang-undang organik Polisi Nasional Timor leste/PNTL organic law, Jurnal Republik, Dili
  18. Dekrit Undang-undang No 16/2009, 12 Maret, Mekanisme promosi kepangkatan Polisi Nasional Timor leste, Rejime Promosaun PNTL, Jurnal Republik, Dili
  19. Dekrit Undang-undang No 13/2004, Regulasi Displin Polisi Nasional Timor leste/ PNTL Dispilin regulation, Jurnal Republik, Dili
  20. Dekrit Undang-undang No 13/ 2005 , 1 Desember, Hukum Acara Pidana Timor leste, Jurnal Republik, Dili
  21. Dekrit Undang-undang No. 19/ 2009, 8 Abril, Hukum Pidana Timor Leste, Jurnal Republik, Dili
  22. Constitution of the  Republic Demokratic Timor Leste (RDTL), March,22, 2002, Dili
  23. Kode Etik Polisi Eropa, Pedoman Penegak Hukum, Tahun 1998
  24. UN Resolution/ Majelis Umum PBB No. 34/169, Guidance of Lae enforcement agencies /Pedoman Penegak Hukum, December,17, 1979
  25. Resolusi No 3/2009, Pengangkatan Komandan Jendral Polisi Nasional Timor Leste, Jurnal Republik, Dili
  26. Law No 2/2010 Lei Seguransa Nasional Timor leste, UU Keamanan Nasional, Jurnal Republik,Dili

[36] Law No 4/2010 UU Keamanan dalam Negeri, Jurnal Republik, Dili.

 

 

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