Defendant's Motion to Set Aside Default Judgment - Center for ...

operations. The Amly Chief of Staff, on the other hand, only has responsibility for administrativematters related to the military, such as training and education, payment and housing of personnel,procurement in general and provision of equipment. Anshari Dec. at' 14. Therefore, as ArmyDeputy Chief of Staff, under a command responsibility theory, Lt. Gen. Lumintang could not havebeen responsible for any of the allegations in the Complaint.Articles 37 and 38 of Act No. 20 of 1982 addressing the basic provisions on State defenseand security of the Republic of Indonesia delineate the separate roles of the Commander of theArmed Forces and the Chiefs-of-Staff of the Services, such as the Army.Article 37(2) states:The Commander of the Anned Forces heads the Headquarters of the Anned Forcesin the execution of the duties and the responsibilities on the administration andoperations of the Armed Forces. (Emphasis added)Sihombing Dec. at 15 and Exhibit C attached thereto.Article 38(2) states:The Chiefs-of-Staff of the Services head the Headquarters of the Services in theexecution of the duties and responsibilities on the administration of the capabilitiesof the Services. (Emphasis added)1.4.In 1983, Presidential Decree No. 60 was issued addressing and refining the basics and thestructural organization of the Armed Forced of the Republic of Indonesia. lQ. at'4and Exhibit Aattached thereto. Chapter I addressed the Positions, Principal Duties and Functions of the AnnedForces. Articles 1 and 2 address the principal duties and responsibilities of the Armed ForcesCommander.Article I (I) states:The Anned Forces of the Republic of Indonesia is led by the Commander of theAnned Forces of the Republic of Indonesia. . . who is directly responsible to the30