2,500 Active Soldiers in Civilian Positions, Imparsial: Disrupts Bureaucracy and Weakens TNI Professionalism

JAKARTA, KOMPAS – At least 2,500 active military personnel held various civilian positions in 2023. This situation is believed to disrupt the merit system in the bureaucracy while also undermining the professionalism of the military. Therefore, the plan to expand civilian positions for active military personnel through the revision of the Military Law continues to face opposition.

The number of active TNI soldiers occupying civilian positions was disclosed by senior researcher from Imparsial, Al Araf, during a hearing of Commission I of the House of Representatives (DPR) to discuss amendments to Law Number 34 of 2004 concerning TNI at the Nusantara II Building, Jakarta, Tuesday (4/3/2025).

"Data from Babinkum TNI during a discussion at the National Resilience Institute (Lemhanas) in 2023 revealed that there are 2,500 soldiers occupying civilian positions. If this data is accurate, it exceeds what is stipulated in the TNI Law," said Al Araf.

In addition to Al Araf, the hearing of Commission I of the DPR also featured the Director of Research at the Setara Institute, Ismail Hasani. The meeting was held to discuss the draft revision of the TNI Law.

Al Araf stated that the TNI Law has actually emphasized that TNI personnel can only hold positions in certain ministries/agencies. However, in reality, there are thousands of active TNI personnel occupying various civilian positions.

"What are the implications? There is a violation of the TNI Law. Because in Article 47, it is limited only to (ministries/agencies) A, B, C, and D. But now, it is widespread across various ministries. In my opinion, this is a fundamental violation of the TNI Law," he stated.

Article 47 of the TNI Law indeed stipulates that TNI personnel may only hold civilian positions after resigning or retiring from active military service. Active personnel may occupy positions in offices related to coordinating the fields of national politics and security, national defense, the Presidential Military Secretariat, national intelligence, state cryptography, the National Resilience Institute, the National Defense Council, National Search and Rescue (SAR), national narcotics, and the Supreme Court.

As representatives of the people, continued Al Araf, Commission I of the DPR should rectify the placement of active TNI personnel in civilian positions as it has become excessive.

On that occasion, Al Araf also touched on cases that caused controversy, one of which was the appointment of Major Teddy Indra Wijaya as Cabinet Secretary. The rules were changed to accommodate Major Teddy in the position without having to resign from the TNI service. Now, the position of Cabinet Secretary is under the Minister of State Secretary.

"The debate is complicated and complex, and in my opinion, it clearly violates the TNI Law on positions in civilian positions," he stressed.

The placement of TNI soldiers in civilian positions, said Al Araf, can also have implications for the bureaucracy. Civil servants (PNS) who have worked diligently and aspired to have higher positions in the future will be restless because they have lost opportunities due to active military and active police officers entering the bureaucracy.

"This cannot be allowed. This cannot be justified. The existence of active military, active police in the civil bureaucracy clearly disrupts the civil bureaucracy, clearly disrupts the merit system," he said.

According to Al Araf, the arbitrary placement of TNI soldiers in civilian positions not only violates the TNI Law, but also weakens the professionalism of TNI soldiers. The military's task is as a means of national defense, as is the police's task as law enforcement.

"Don't pull the military back into the civil service. Don't tempt them into that area. Because that will damage our state system. Civil servants have hopes, dreams to become directors, officials, but they are stopped when their positions are filled by active military, active police," said Al Araf.

Don't tempt them to enter that area. Because it will damage our state system.

If the military wants to enter civilian positions, they should take early retirement. That way, there is no dual loyalty. "If they (the military) are still active, where is their loyalty? To the minister or to the TNI Commander? I assure you it is to the TNI Commander, I assure you it is to the Chief of Police. Not to the minister. This creates dual loyalty which I think is problematic," he said.

Al Araf then revealed that in many democratic countries, the presence of active military in the Ministry of Defense alone is criticized and limited, such as in England, India, and the United States. Even in the US, a defense minister (Menhan) cannot be occupied by a military who has only retired for 2-4 years. The military is only allowed to become Minister of Defense when they have entered their 10-year retirement period. Only in special circumstances can the US President appoint a retired military of less than 10 years to become Minister of Defense. Even then, it must be based on reasons of competence, situational conditions, and security conditions, as well as with the approval of Congress.

"So, there are rules that limit. There is a gap, so that it does not cause a conflict of interest. My point is that the issue is so sensitive that they limit it. So, do not drag them into the civil and political space. They are as a function of state defense, put them there as a tool of war power," he said.

He understands that the placement of soldiers in civilian positions is to address the problem of the accumulation of high-ranking officers and colonels in the TNI ranks. However, according to him, this is still not justified.

“Don’t be like that. It can be overcome in various ways. Early retirement if you want to enter (civilian positions), merit system, zero growth, and so on. Not piling up officers and throwing them to civil positions, it can’t be like that, it’s a shame for the civil bureaucracy. There are ways to overcome this problem, not by returning the dual function of the TNI,” he said.

Maintain civil supremacy

As for Ismail Hasani, in the plan to revise the TNI Law, civil supremacy must be maintained. In the sense of political authority, the state must submit to civil supremacy. That way, the health of democracy can be maintained.

"Why is it important to maintain civil supremacy? Because when actors such as soldiers who have the power to use violence are armed and also have a different political doctrine from civil authorities then interfere, then of course it will be dangerous," said Ismail.

Ismail also reminded the DPR to be careful in providing the clause "the placement of active TNI soldiers is allowed according to fields that require soldier expertise based on presidential policy" in the draft revision of the TNI Law. Because, this idea actually allows the president to take policies that are contrary to the principles of constitutionalism.

"The doctrine of constitutionalism that has recently emerged, the president cannot have unlimited authority. It must still be limited. In the 1945 Constitution, power is in the hands of the people and is organized based on the 1945 Constitution. So, the president can do anything as long as it does not conflict with the 1945 Constitution," said Ismail.

Ismail proposed a number of requirements if the DPR and the government still want to expand civilian positions for active military through the revision of the TNI Law. For example, there must be regular evaluations of soldiers who fill civilian positions. In addition, the placement of soldiers in civilian positions must also refer to the objective needs of the institution.

Advanced requirements

Member of Commission I of the House of Representatives from the Indonesian Democratic Party of Struggle (PDI-P) faction, TB Hasanuddin, believes that public concerns about the return of the New Order due to the placement of TNI soldiers in civilian positions are impossible. The key is that Article 39 of the TNI Law must be maintained. The article states that the TNI may not engage in practical politics, may not be partisan of any party, and may not do business.

"So to return to the New Order, no. With the note, Article 39 must be held firmly. Do not change. Anyone TNI-Polri must resign from their membership if they want to enter as stated in Article 39," said Hasanuddin.

He agreed that there needed to be further, firm and clear regulations regarding the placement of soldiers in civilian positions. Because, he found that there were several concerns regarding the issue.

First, the officer has a very good career in the TNI environment, it is not appropriate if he is immediately placed as a director general (dirjen) of a ministry. Because, that means the TNI will lose its best human resources.

"In fact, our main task is to fight at some point. Well, if the best generals are in other directorates general, it's not quite right in my opinion," he said.

Second, if they want to be placed in a civilian position, the officer must have expertise according to their duties and functions. "So, if for example there is an officer in a military academy, it is purely training for war. Well, if they want to be placed in the Ministry of Agriculture, at least they have had a bachelor's degree in that field. So, their capacity must be increased," he said.

Third, don't let the placement of soldiers in civilian positions actually cause jealousy in the ASN environment who are waiting for their careers. "From being just a typist, rising to become a sub-section head, section head, director, when you want to become a director general, a major general comes. How painful it is," he said.

Fourth, don't let the active TNI soldiers get double facilities. For example, the soldier has received a TNI official car, then also gets a car from the related ministry. "So, in my opinion, if it happens that active TNI soldiers can be assigned there, in my opinion they must be really selective. And we must make some of those concerns requirements in the law," he said.