Intelligence Analysis Becomes Basis for TNI's Prosecutor's Office Security, Mahfud MD Reminds of Constitution

JAKARTA, KOMPAS – The policy of securing prosecutor's offices by the military continues to face criticism. This time, the criticism comes from the Coordinating Minister for Political, Legal, and Security Affairs 2019-2024, Mahfud MD. Meanwhile, from the communication between the Attorney General's Commission and Attorney General Sanitiar Burhanuddin, it was revealed that the security policy by the military is based on intelligence analysis.

Mahfud MD voiced his objection to the cooperation between the TNI and the Attorney General's Office to secure prosecutors' offices throughout Indonesia, in the ROSI program broadcast on Kompas TV on Thursday (15/5/2025) evening.

He reminded that if the security of the prosecutor's office by the military is made permanent, it could violate the constitutional order and the 1945 Constitution. "As for me regarding the Prosecutor's Office, I can understand that, but only for a short period, not indefinitely," said Mahfud.

As reported, Telegram Letter Number: ST/1192/2025 dated May 6, 2025, assigns the ranks of the Army to prepare and deploy personnel along with their equipment to secure the high prosecutor's office (kejati) and the district prosecutor's office (kejari). This telegram is based on the Telegram Letter from the Commander of the Armed Forces Number TR/422/2025 dated May 5, which orders the deployment of personnel to support the security of kejati and kejari throughout Indonesia.

The details are as follows: one platoon-level unit (SST) consisting of 30 personnel will be deployed to secure the high prosecutor's office, while for the district prosecutor's office, one team or the equivalent of 10 personnel will be assigned for security.

The assignment has drawn criticism and controversy. Civil society groups believe that the deployment of military personnel reinforces the presence of military intervention in civilian areas, particularly in law enforcement. Furthermore, there is currently no regulation regarding the assistance of the military in operations other than war (OMSP) concerning security activities at the prosecutor's office by military personnel.

The Head of the Legal Information Center of the Attorney General's Office, Harli Siregar, stated on Wednesday (14/5/2025) that the Attorney General's Office and the military have a memorandum of understanding containing eight points of agreement. One of the agreed points concerns the support provided by the military for the duties and functions of the Attorney General's Office.

Security at the prosecutor's office by personnel from the military, according to Harli, is related to the establishment of the Deputy Attorney General for Military Prosecutions (Jampidmil). In carrying out its duties and functions, Jampidmil coordinates extensively with the military. To facilitate this, a memorandum of understanding between the two institutions has been created.

In addition to being based on a memorandum of understanding, the deployment of military personnel to secure the prosecutor's office, Harli continued, is also grounded in the Military Law. Article 7, Paragraph 2 of Law Number 34 of 2004 regulates the Military Operations Other Than War (OMSP), which includes provisions regarding the security of vital national objects that are of a strategic nature.

However, according to Mahfud, the reason for security measures because the prosecutor's office is considered a national vital object is unreasonable. This is because the prosecutor's office is not a national vital object. Furthermore, the justification for security due to the establishment of the Deputy Attorney General for Military Prosecutions (Jampidmil) is also unacceptable.

"Because there is Jampidmil, all prosecutors' offices in Indonesia are guarded by the military. The issue of military courts is not handled by the prosecutors, there is a separate audit, right? What exists is only at the central level," said Mahfud.

He reiterated his suggestion that the military's presence at the prosecutor's offices should not be permanent. He also reminded the military to refrain from entering civilian domains, including the academic world.

"There is a time limit; it should not be permanent and should not be institutionalized throughout Indonesia. In areas that are somewhat vulnerable, perhaps in Jakarta, perhaps in Surabaya, or in certain cities. As for the districts, what are they vulnerable to? No one dares to threaten the prosecutor like that, even the police," said Mahfud.

If the TNI is indeed more trusted than the police to secure the offices of the prosecutor's office due to conflicts between the police and prosecutors in handling cases, according to Mahfud, this should be addressed by the highest leadership. It should not lead to a lack of trust in the security provided by the police. "If the police are not performing well now, then improve the police. But the police at the grassroots level are good; I know them even in the villages," he said.

Mahfud believes that the role of the police is still very much needed in society, particularly to maintain security. Therefore, trust must continue to be given to the police. If there are issues, then the police must be improved.

"Because if we get angry with the police, we should actually consider where we should direct our anger. However, when we talk about the police, their duty as protectors, maintainers of security, and order in society continues to this day," he said.

Separately, a lecturer at the Faculty of Law of Mulawarman University, Herdiansyah Hamzah, when contacted on Friday (16/5/2025), stated that the cooperation between the military and the Prosecutor's Office has a high potential to create opportunities for intervention in the processes carried out by the prosecutors.

He also opposed the memorandum of understanding between the two institutions. "This means that if the MoU is implemented and opens the space for the military to enter, even if it is for security reasons, it simultaneously opens the space and disrupts the independence and freedom of the prosecutor's office in carrying out its functions," said Herdiansyah.

Herdiansyah urged the Commander of the National Armed Forces to withdraw his troops from the offices of the prosecutor's office. He also requested that the memorandum of understanding between the National Armed Forces and the Prosecutor's Office be revoked.

Therefore, Herdiansyah continued, there is no reason for the prosecution to proceed with the memorandum of understanding as it would only open the potential for intervention in the work of the prosecutors. He is concerned that this space for intervention will not only affect the areas of the prosecutors' work but will also impact the resolution processes of cases handled by the prosecution or cases related to certain institutions.

"Do not force, do not provide space for the military to be involved in matters related to civil and political work, including legal affairs that are based on the functions and authorities of the prosecutor's office," said Herdiansyah.

Previously, Harli Siregar stated that the support from the military in the prosecutor's office is not related to the law enforcement functions carried out by the prosecutor's office. The security provided by the military is solely for physical protection of assets, such as buildings. Therefore, he dismissed the potential for intervention in law enforcement by the prosecutor's office.

The Chairman of the Attorney Commission (Komjak) Pujiyono Suwandi understands that there are parties opposed to the security cooperation between the Attorney General's Office and the TNI. His side has also directly inquired with Attorney General Sanitiar Burhanuddin regarding the security controversy.

From that communication, the Attorney General assured that the involvement of the military is limited to strengthening security, and will not interfere with law enforcement matters. The security provided by the military is also confirmed to be temporary, not permanent.

In discussions with the Attorney General, the reasons for the Attorney General's Office entrusting the security of the prosecutor's office to the military were also revealed. The consideration was based on intelligence analysis, indicating that the prosecutor's office required security from the military. However, Pujiyono did not elaborate on the results of the analysis in question.

He only emphasized that security by the TNI would be limited and would not replace the role of the Police.

"We have heard from the Attorney General that the presence of the TNI is not to enter the core business of law enforcement carried out by the Attorney General's Office. But as a supporting system. So yes, it only provides support. Simply, concretely, it is to provide a sense of security in the law enforcement process carried out by the Attorney General's Office," said Pujiyono.