What Will Happen if the TNI Bill is Still Passed?

What is the reason that the DPR and the government continue to revise the TNI Law amidst massive public rejection?

Despite the increasingly widespread public opposition, the DPR will still pass the Draft Law on Amendments to Law Number 34 of 2004 concerning the TNI at the plenary session this Thursday (20/3/2025). Members of parliament consider criticism from the public to be something natural to express during the drafting of any law.

All factions of political parties in Commission I of the House of Representatives (DPR) and government representatives have agreed to proceed with the discussion of the Military Bill (RUU TNI) to the second-level deliberation, namely ratification at the plenary session this Thursday. The Indonesian Democratic Party of Struggle faction (F-PDIP), as the only non-government supporting faction, also aligned with the seven government-supporting political party factions in the DPR.

What are the crucial articles that were agreed to be changed in the TNI Bill?

The government and the House of Representatives have emphasized that the revision of the TNI Law is limited to several articles. Among them are articles regulating the position of the TNI institution, the retirement age of soldiers, and matters related to the placement of TNI members in civilian positions.

Regarding the placement of military personnel in civilian positions, both the government and the House of Representatives have agreed to expand it. While Law No. 34/2004 previously stipulated that only 10 civilian institutions could be filled by active-duty soldiers, the revision of the Military Law now allows for an increase to 15 ministries/agencies. The additions specifically include institutions dealing with disaster management, counter-terrorism, maritime security, the Attorney General's Office, and border management.

The nomenclature of several institutions in the TNI Bill has also been changed. For example, in Law No. 34/2004, it is stated that positions in the office handling the Presidential Military Secretariat can be filled by active military personnel. However, in the TNI Bill, it is referred to as the state secretariat handling presidential secretariat affairs and the presidential military secretariat.

Is the agreement of the political party factions in the DPR regarding the ratification of the TNI Bill truly unanimous?

The discussion of the TNI Bill up to the first-level approval indeed proceeded smoothly. Nevertheless, several notes were conveyed by political party factions in Commission I of the DPR. It is hoped that once the TNI Bill is ratified in the future, these notes will be taken into consideration by the government.

The Nasdem Party faction, for instance, provided at least five notes regarding the TNI Bill that will be brought to the DPR Plenary Meeting tomorrow, Thursday. These five notes include maintaining civilian supremacy; selection of soldiers for placement in civilian positions; early retirement age; the role of military diplomacy; DPR oversight in military operations other than war (OMSP), placement of soldiers in the civilian domain, and strengthening military diplomacy.

The National Awakening Party faction also provided notes regarding the TNI Bill. There are at least six conditions proposed by the faction. These conditions include maintaining civilian supremacy, limiting the placement of active soldiers in civilian positions, and ensuring that the placement of soldiers in civilian positions is conducted through a transparent and independent selection process.

How did the Palace respond to the plan to pass the TNI Bill?

A day after the amendment bill to Law Number 34 of 2004 concerning the TNI was agreed to be ratified in a plenary session, the DPR leadership met with President Prabowo Subianto. The DPR leadership who met with President Prabowo at the Merdeka Palace, Jakarta, Wednesday (19/3/2025), were Deputy DPR Speaker Sufmi Dasco Ahmad, Chairman of Commission I of the DPR Utut Adianto, and Deputy Chairman of Commission I of the DPR Anton Sukartono Suratto.

Although not open to the public, the DPR leadership did not deny the meeting discussed the TNI Bill. President Prabowo was also said to have agreed to the changes to the TNI Law.

What will happen if the DPR still passes the TNI Bill?

The public will not remain silent if the DPR and the government still pass the TNI Bill. Civil society will continue to reject it because the TNI Bill that will be passed by the DPR contains problematic articles and has the potential to restore the dual function of the TNI and militarism in Indonesia.

Currently, civil society groups have prepared a number of formal evidences that the TNI Bill was discussed not in accordance with the rules. They are ready if they have to file a judicial review or material test to the Constitutional Court after the TNI Bill is passed into law.

What are the possible impacts if the TNI Bill is passed?

Several groups, especially civil society groups and academics, believe that there are several crucial articles in the TNI Bill that risk impacting human rights, civil supremacy, and democratic principles. Several new provisions are even feared to be able to revive the dual function of the TNI.

Komnas HAM even assessed that the TNI Bill was drafted with limited space for civil society participation, a lack of transparency that contradicts the principles of democratic and human rights-based legislation as stipulated in Article 96 of Law Number 12 of 2011 concerning the Formation of Legislation. Without a comprehensive evaluation and meaningful public involvement, changes to the TNI Law risk returning to practices that contradict the principles of governance based on democracy and the rule of law.