The revision of Law No. 34 of 2004 on the Indonesian National Armed Forces (TNI), particularly concerning the military’s presence in civilian roles, has drawn significant public scrutiny due to its closed-door deliberations.
The public fears a potential return to the military’s dual-function role, as seen in the past. Additionally, the discussion process for the revision appears to have been rushed, whereas ideally, drafting or amending laws should be conducted transparently and with public involvement.
The revised TNI Law was passed by the Indonesian House of Representatives (DPR RI) during a plenary session on Thursday (20/3).
Several articles have been amended, including the provision stating that TNI personnel could only assume civilian positions after resigning or retiring from active military service.
Under the revised law, active-duty TNI personnel are now permitted to hold positions in 14 ministries or government agencies.
Other changes include the retirement age limits: non-commissioned officers (bintara) and enlisted personnel (tamtama) at a maximum of 55 years old, officers up to the rank of colonel at 58 years old, one-star generals at 60 years old, two-star generals at 61 years old, and three-star generals at 62 years old.
Additionally, the TNI’s primary duties have been expanded to include assisting in handling cyber threats.
Dr. Muhammad Najib Azca, Head of UGM’s Center for Security and Peace Studies (PSKP UGM), emphasized the need for caution when making legal revisions.
“The process must be open, with broad public participation and deliberation,” he stated at UGM on Friday (Mar. 21).
According to Dr. Azca, the discussion of a bill should follow a clear timeline, including an open schedule and invitations for various stakeholders to express their views. Public discourse and participation are essential to upholding democratic principles and building greater trust in the government and parliament as policymakers.
“This should become a public discussion or public deliberation,” he said.
Dr. Azca acknowledged that the risk of reviving the military’s dual function, as seen during the New Order era, remains distant. During that period, the military occupied civilian positions without restrictions, both in the legislature through the ABRI faction and in the executive branch.
However, he pointed out that several military reform agendas remain unfulfilled, such as the territorial command structure, which still exists and may even be expanded despite being incompatible with a democratic system.
Additionally, the lack of civilian courts for military personnel who commit civilian offenses is another issue that must be addressed.
“Right now, the trend is actually moving in the opposite direction of security sector reform,” he remarked.
As a country that upholds civilian supremacy, where the head of government is a democratically elected civilian, Dr. Azca stressed the need for civil society to ensure that governance aligns with democratic principles and mechanisms.
However, civil society activists are concerned that increasing military personnel in civilian positions could undermine military professionalism.
“The main concern with expanding military roles in civilian positions is the decline in military professionalism and the erosion of meritocracy in public institutions,” he asserted.
Dr. Azca urged civil society and the media to continue monitoring the policies following the enactment of the revised TNI Law.
Civil society must consistently develop expertise in specific issues, including defense and security, enabling in-depth and detailed analysis while voicing critical perspectives. Similarly, the media has a duty to report and inform the public about these critical discussions.
“I believe the ongoing process must continue to be scrutinized by the public and civil society,” he concluded.
Author: Jelita Agustine
Editor: Gusti Grehenson
Photographer: Donnie