The Development of the State-Sponsored Militia as the Implementation of the Total People's Defense and Security System in Indonesia: Case Studies - East Timor (1999) and Aceh (2003-2004)

The establishment of state-sponsored militia led to human rights violations in armed conflicts in Indonesia. Most of the state-sponsored militia was formed and supported by the Indonesian National Defense Forces (Tentara Nasional Indonesia), and based on the implementation of a concept called the Total People s Security and Defense System (sistem pertahanan rakyat semesta-sishankamrata¬). Total People s Defense is a legacy from Indonesia s experience during the armed revolution for independence (1945-1949) and is recognized by the Second Amendment to the 1945 Constitution. This thesis focuses on the implementation of the Total People s Defense by Indonesia in East Timor and Aceh and its pervasive effects on local populations. This thesis addresses the logical and legal gap between the professional Indonesian military and state-sponsored militias as part of the Indonesian military strategy. It focuses on the consequences of this gap across constitutional, human rights, and international humanitarian law. The thesis argues that only by shedding light on this gap can we truly understand the pervasiveness and power of the military in Indonesia, further complicated by numerous human rights violation and breaches of international humanitarian law. The thesis proposes the abolition of militia groups and engages with alternatives such as total demobilization, regularization, or security sector reform. The originality of this thesis lies in uncovering the legal mechanics that enable the endurance and might of the Total People s Defense doctrine, as opposed to previous research that focused primarily on historical or political dynamics. First, the thesis uses doctrinal analysis of international humanitarian law as a tool for analyzing the problems of the Total People s Defense and discussing the pattern of Indonesian responsibility in international law. Secondly, socio-legal approaches are used in analyzing viable solutions to abolish the militia by using the broader socio-political context, including attitudes towards military power and nationalism. Finally, the thesis uses Colombia as a paradigmatic comparator because of their experience in abolishing the paramilitary via demobilization processes followed by the imposition of criminal law measures as a deterrent to the reconstitution of those forces