Discussion of articles outside the Parliament Building was also said not to violate the rules. The issue of the TNI's dual function was also rejected with a commitment to civilian supremacy.
17 Mar 2025 15:05 WIB · English
JAKARTA, KOMPAS – The discussion on the revision of Law Number 34 of 2004 concerning the TNI is claimed to not violate the applicable mechanisms and regulations. Several articles that have sparked public debate were clarified, and the DPR remains committed to upholding the supremacy of law in drafting this revision.
Deputy Speaker of the House of Representatives, Sufmi Dasco Ahmad, at the Parliamentary Complex in Jakarta, Monday (17/3/2025), stated that the discussion on the revision of the TNI Law would not be expedited. He emphasized that the discussion was conducted transparently and in accordance with the rules and mechanisms for drafting laws.
"I would like to convey that there is no rush in revising the TNI Law. As we know, the revision of the TNI Law has been ongoing for several months. It has been discussed in Commission I, including inviting public participation," he explained during a press conference accompanied by several members of Commission I of the DPR.
This press conference was held to address circulating issues regarding the revision of the TNI Law. In addition to concerns about the potential reemergence of the dual function of the TNI through civilian positions filled by military personnel, the discussion of this law is also considered rushed as it was conducted over the weekend.
The meeting held on Saturday (15/3) at the Fairmont Hotel, Jakarta, Saturday (15/3), gained significant attention on social media. Several members of the civil society coalition from the Commission for Missing Persons and Victims of Violence (Kontras) entered the meeting room and expressed their protest.
There was a brief pushing incident between security personnel and protesters. The issue of the dual function of the military and soldiers being able to hold civilian positions was voiced by those protesting.
Dasco denied the issue claiming that the meeting at the Fairmont Hotel was conducted secretly and behind closed doors. He stated that the House of Representatives invited several parties for a consignment, which was in accordance with regulations and conducted openly.
Consignment in every discussion of legislation indeed has its regulations and does not violate existing mechanisms. Even if, as I observed yesterday, the planning was reduced to two days for the sake of efficiency.
This consignment refers to the activity of gathering for intensive and urgent discussions. The discussion schedule was also shortened from four days to two days under the pretext of budget efficiency.
"Consignment in every discussion of the law does have rules and does not violate the existing mechanism. Even if I saw yesterday, the planning was reduced to two days for efficiency," he explained.
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Regarding the dual function issue, Dasco also denied it by presenting the results of the discussion in the press conference. He also stated that the rejection on social media was not in accordance with the substance of the discussion.
According to Dasco, the discussion regarding the revision of the TNI Law so far has only focused on three articles, namely Article 3, Article 47, and Article 53. He said that these articles were not intended to expand the TNI's authority in the public domain and were instead intended to strengthen this military institution from within.
"We monitor the rejections on social media. I see that the substance and problems are very much not in accordance with the discussion. There are only three articles and if you look at it, this is an internal strengthening," he said.
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The results of this discussion, Dasco continued, consist of proposals for Article 3, Article 47, and Article 53. Article 3 related to defense policies and strategies, as well as administrative support related to aspects of TNI strategic planning, is under the coordination of the Ministry of Defense.
Meanwhile, Article 53 is related to the aspect of the retirement age limit for soldiers with additions in a number of groups. The service period for Bintara and Tamtama is up to 55 years old, officers with the highest rank of colonel is 58 years old, to the rules related to the term of office of high-ranking officers up to three stars.
Article 47 discusses positions that can be filled by soldiers. This position covers the coordinator of the country's political and security fields including the National Defense Council; the state secretariat that handles presidential affairs and the presidential secretariat; state intelligence; and the national resilience institution.
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In addition, there are also cyber and/or state codes, national SAR, national narcotics, border management, maritime and fisheries; disaster management; counter-terrorism; maritime security; the Attorney General's Office of the Republic of Indonesia; and the Supreme Court.
Chairman of Commission I Utut Adiyanto who was also present with Dasco stated that he accepted all input related to the TNI Bill. He also emphasized that the draft replacement for the TNI Law that has been around for 20 years will limit between civilians and the military.
"We will pay attention to all of these inputs. The meeting with the TNI Commander was firm, the conclusion of this law is for civil supremacy in the concept of a democratic state," he said.
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Despite the explanation, criticism of the revision of the TNI Law continues to roll. This time it came from the Center for Indonesian Law and Policy Studies (PSHK) which asked for the discussion of this revision to be stopped.
The absence of publication of the draft bill on the revision of the TNI Law has an impact on the public who cannot participate fully because they do not have in-depth knowledge of the provisions being discussed.
PSHK researcher Fajri Nursyamsi stated that the basis for the push to stop this was the lack of transparency in the discussion of the TNI Bill. The public could not participate fully because the DPR did not publish the draft of the TNI Bill through its official channels.
"The absence of publication of the draft bill on the revision of the TNI Law has an impact on the public who cannot participate fully because they do not have in-depth knowledge of the provisions being discussed," he said.
In addition, the discussion of the revision of the TNI Law outside the DPR Building makes the discussion even more closed and limits public access to monitor. This reckless practice, according to him, is a strong alarm for civil society and academics in anticipating the same thing from happening again.
Writer:
Machradin Wahyudi RitongaEditor:
C. Wahyu Haryo P