Opposed by Students, DPR-Government Continues Revision of TNI Law

JAKARTA, KOMPAS – The House of Representatives and the government continue to discuss the revision of Law Number 34 of 2004 concerning the Indonesian National Armed Forces (TNI) despite opposition from students. The revision of the TNI Law has met with resistance due to concerns that it will increase the number of active TNI soldiers filling civilian positions, potentially creating repression and hindering democratic life.

The Deputy Speaker of the House of Representatives from the Golkar Party Faction, Adies Kadir, while leading the Plenary Session of the Second Session Period of the 2024-2025 Legislative Year at the Parliament Complex, Jakarta, Tuesday (18/2/2025), explained that the House leadership had received Presidential Letter (Surpres) Number R12/President/02/2025 on February 13, 2025, regarding the discussion of the Draft Law (RUU) on the Indonesian National Armed Forces (TNI).

The President has appointed government representatives, namely Coordinating Minister for Political, Legal, and Security Affairs Budi Gunawan, Minister of Law Supratman Andi Agtas, Minister of Defense Sjafrie Sjamsoeddin, and Commander of the Indonesian National Armed Forces General Agus Subiyanto to discuss the bill with the House of Representatives. Meanwhile, the leadership of the House of Representatives has assigned Commission I of the House to discuss the bill with the government.

Not only that, in the meeting, Adies requested approval from the meeting participants for the revision of the TNI Law to be proposed for inclusion in the 2025 Priority National Legislation Program (Prolegnas). The plenary meeting participants also agreed for the revision of the TNI Law to be included in the 2025 Priority Prolegnas.

Met after the plenary session, Adies stated that the presidential letter for the revision of the TNI Law had already been submitted during the administration of the 7th President of Indonesia, Jokowi. This presidential letter only replaces the previous one because the nomenclature of the ministries/agencies representing the government to discuss the revision of the TNI Law has changed.

Adies cannot yet confirm when the revision of the TNI Law will begin to be discussed. He leaves this matter to Commission I of the DPR. However, according to him, the changes in the revision points of the TNI Law only concern the extension of the retirement age for TNI soldiers.

Minister of Law Supratman Andi Agtas reinforced this matter. The TNI Bill is a continuation of the discussion from the 2019-2024 DPR because it was previously established as a DPR initiative proposal. The discussion of the TNI Bill was previously under the coordination of the Coordinating Minister for Political, Legal, and Security Affairs, but its nomenclature has now changed to the Coordinating Minister for Political and Security Affairs, hence President Prabowo sent another presidential letter.

He ensured that there were no substantive changes to the problem inventory list or DIM that had previously been discussed.

"Actually, it's the same as before, nothing has changed. So it used to be the DPR's initiative, the presidential decree had been issued, the DIM had also been discussed by the government, and it used to be coordinated by the Coordinating Minister for Political, Legal and Security Affairs. Now, the nomenclature has changed to the Coordinating Minister for Political, Legal and Security Affairs. Regarding the points in it, you can check the proposed revision of the TNI Law, it's no different from before," he said.

According to Supratman, in principle the revision of the TNI Law concerns the extension of the retirement age of soldiers. "Of course in the TNI it cannot be the same, because the retirement age for soldiers with lower ranks, sergeants or below, if I'm not mistaken, is 45 years old after retirement. Because that is a combat force. Well, we will adjust this, according to the dynamics and developments that exist," said Supratman.

Kompas notes, based on the draft of the TNI Bill discussed by the DPR last year, the DPR proposed increasing the service age to 60 years for officers and 58 years for non-commissioned officers and privates. Meanwhile, soldiers who hold functional positions can serve until the age of 65. Especially for four-star high-ranking officers, the military service period can be extended a maximum of two times (for a maximum of two years) through a presidential decree.

However, not only that, the provisions of Article 47 Paragraph 2 were changed so that active soldiers can hold positions in offices that oversee the coordination of state politics and security, state defense, presidential military secretary, state intelligence, state code, National Resilience Institute, National Defense Council, National Search and Rescue (SAR), National Narcotics, and the Supreme Court, as well as other ministries/institutions that require the manpower and expertise of active soldiers in accordance with presidential policy.

There is a new phrase that allows for the expansion of civil positions by active soldiers, namely "as well as other ministries/institutions that require the manpower and expertise of active soldiers in accordance with presidential policy" which was added by the DPR.

The plan to revise the TNI Law and expand civilian positions that can be filled by the military is among those opposed by students during demonstrations in various regions, Monday (2/17/2025). Students demanded that the multifunctionality of soldiers be abolished. Military involvement in the civilian sector has the potential to create repression and hinder democratic life.

In addition, they rejected the revision of the TNI, Polri, and Prosecutor's Law because it has the potential to strengthen the impunity of the apparatus and the military. If the students' demands are not met, they stated that they will hold another demonstration.

Responding to this, Adies said there would be no revision of the TNI Law to restore the dual function of the military as it was in effect during the New Order era. However, he said the number of TNI soldiers currently occupying civilian positions was still small and he claimed that this was in accordance with the needs of the ministries/institutions. According to him, civilian positions in a number of ministries/institutions were even filled more by retired or retired Polri officers than TNI officers.

“No, no, that dual function of ABRI (TNI and Polri in the New Order era) and all that? No, no. We’ll see later together. But now there are some who have entered but very few, right, that’s only the needs of the ministry, right. Now there are very few if we look at the TNI. There are many retirees from the police, right?” he said.

Adies also invited the public to follow the discussion of the revision of the TNI Law and monitor the revision process of the law. Regarding the proposal that TNI soldiers can do business, Adies said that it was an input and of course would be discussed first with the DPR and the government. He emphasized that the TNI's task is very clear, namely to defend the Unitary State of the Republic of Indonesia.

"So we will see later," said Adies.

Member of Commission I of the House of Representatives from the Indonesian Democratic Party of Struggle (PDI-P) faction Tubagus Hasanuddin promised that the discussion of the TNI Bill would involve public participation. The discussion of the revision of the TNI Law will be carried out openly from the beginning to the end.

He also responded to public concerns regarding the revision of the TNI Law, one of which is the expansion of civilian positions that can be filled by TNI soldiers. He again promised that Commission I of the DPR would listen to all input from the public.