Derivative Regulations of TNI Law Not Yet Issued, Kapuspen: Prosecutor's Office Security Remains Legal

JAKARTA, KOMPAS — The TNI claims that the security of the prosecutor's offices by its soldiers remains legitimate even though there are no derivative regulations from the TNI Law governing Military Operations Other Than War. Moreover, this security is said to be for the interests of the nation and the state.

The Head of the TNI Information Center, Brigadier General TNI Kristomei Sianturi, when contacted on Tuesday (13/5/2025), stated that the basis for the cooperation in securing the offices of the prosecutor's office between the TNI and the Attorney General's Office has been established since 2020 and is even updated periodically.

"The memorandum of understanding for cooperation between the TNI and the Attorney General's Office of the Republic of Indonesia has been in place since 2020, with the memorandum NK/21/XI/2020/TNI subsequently updated by the memorandum NK/6/IV/2023/TNI. This is the basis for the cooperation," he stated.

In addition, according to him, as long as the cooperation is for the interests of the nation and the state and does not violate the applicable legal regulations, there are no issues in its implementation. The principle of synergy for national interests serves as a strong foundation for the sustainability of this security cooperation, regardless of the unfinished drafting of the derivative regulations of the TNI Law that govern Military Operations Other Than War (OMSP).

One of the articles in the new Military Law, numbered 3 of 2025, mandates the establishment of government regulations or presidential regulations to further regulate the implementation of OMSP.

The assignment of security for the offices of the prosecutor's office by the TNI is outlined in TNI Telegram Letter number ST/1192/2025 dated May 6, 2025, signed by Major General Christian K Tehuteru as the Assistant Operations Chief of Staff of the Indonesian Army (KSAD). The letter is classified as a regular letter (SB) containing instructions to provide security for the high prosecutor's office (kejati) and the district prosecutor's office (kejari) throughout Indonesia.

The Head of the Legal Information Center of the Attorney General's Office, Harli Siregar, confirmed this. Currently, security measures by the attorney's office are being carried out by military personnel throughout Indonesia, except for security activities at the regional attorney's offices, which are still in progress. "The security is a form of cooperation between the military and the attorney's office," he said.

The memorandum of understanding for cooperation between the TNI and the Indonesian Attorney General's Office has been in place since 2020, with the memorandum NK/21/XI/2020/TNI subsequently updated by the memorandum NK/6/IV/2023/TNI. This serves as the basis for their cooperation.

The Head of the Army Information Service, Brigadier General Wahyu Yudhayana, explained that the telegram letter is not issued in a special situation, but rather is part of routine and preventive security cooperation. This has also been in place previously.

In the telegram, the Army Chief of Staff instructed the regional military commanders to prepare and deploy personnel along with their equipment to secure the Attorney General's Office and the District Attorney's Office throughout Indonesia. For the Attorney General's Office, one company-sized unit (SST) consisting of 30 personnel is to be deployed, while for the District Attorney's Office, one squad equivalent to 10 military personnel will be assigned for security.

According to Wahyu, this security activity has been ongoing previously in the context of inter-agency relations. The presence of security elements from the military is also part of the support for the Attorney General for Military Prosecutions.

In detail, the scope of cooperation between the military and the Attorney General's Office includes education and training, information exchange for the purposes of law enforcement, the assignment of military personnel within the Attorney General's Office, the assignment of prosecutors as supervisors in the Military Attorney General's Office, as well as support and assistance from military personnel in the execution of the duties and functions of the Attorney General's Office.

The cooperation also includes support for the military in the fields of civil and state administrative law, which encompasses legal assistance, litigation and non-litigation legal aid, law enforcement, and other legal actions. In addition, the cooperation covers technical coordination of investigations and prosecutions as well as the handling of connectivity cases.

Although the TNI is confident that its collaboration with the Prosecutor's Office is legally sound, constitutional law lecturer at Andalas University, Feri Amsari, believes that the TNI's security activities at the Prosecutor's Office violate the provisions of the 1945 Constitution and the recently enacted TNI Law.

He stressed that the two regulations affirmed that the TNI's duties were for territorial defense, not domestic security.

"Article 30 of the 1945 Constitution regulates the duties of the military in territorial defense, not domestic security. Therefore, the motive to secure the prosecutor's office is incorrect," he emphasized.

On the other hand, the derivative regulations that explain OMSP in the TNI Law are not yet available. All existing regulations, including laws and their derivatives, should refer to their conformity with the 1945 Constitution.