DPR Examines Crucial Articles in Revised TNI Law

JAKARTA, KOMPAS – Discussion of the Revision of Law Number 34 of 2004 concerning the TNI continues to roll. The Minister of Defense to the TNI Commander have been asked to convey their views on the proposed revision that has begun to be discussed with Commission I of the House of Representatives. Several articles are considered crucial and are of concern.

Member of Commission I of the House of Representatives from the Golkar Party Faction, Nurul Arifin, stated his faction's readiness to examine the revision plan. Several articles that are of concern include Article 3, Article 7, Article 47, and Article 53 which are proposed to be changed in the draft of the TNI Bill.

Nurul, who also serves as the Head of the Opinion Mobilization Media (MPO) of the Golkar Party, stated that his party understands that the TNI Law was revised to be more relevant to current developments. Therefore, the Golkar Party Faction will examine the government's views, including those contained in the Problem Inventory List (DIM) received by the DPR.

"We from the Golkar Faction are ready to discuss and revise the TNI Law to make it more relevant to current developments. In addition to the articles that are of primary concern, we are also combing through other articles that are included in the revision," Nurul explained in Jakarta, Thursday (13/3/2025).

One of the articles highlighted by the Golkar Party Faction is Article 3 which contains the coordination pattern and position of the TNI in the government structure. In addition, Article 7 which regulates the main duties of the TNI, including military operations other than war, is also considered to need to be studied further.

According to Nurul, the main tasks of the TNI must be contextualized with the current conditions, where the challenges of national defense and security are increasingly complex. A number of tasks that need to be considered include handling armed separatism, rebellion, and securing national vital objects.

"We want to ensure that the TNI remains relevant to the times, both in terms of technology, defense strategy, and policies related to national resilience. The new TNI Law is expected to further strengthen the TNI as the country's defense," he said.

Article 47 which has attracted public attention has also been highlighted by the Golkar Party Faction of the DPR. This article regulates ministries and institutions that can be filled by active TNI soldiers. In Law 34/2004 which is still in effect today, it is stated that there are 10 ministries/institutions that can be filled by TNI soldiers.

The ten civil agencies are the Coordinating Ministry for Political and Security Affairs; National Defense; Presidential Military Secretariat; State Intelligence Agency; National Cyber and Crypto Agency; National Resilience Institute; National Defense Council; National Search and Rescue Agency; National Narcotics Agency; and the Supreme Court.

In the draft revision of the TNI Law, it is proposed that five additional civilian agencies can be filled by active soldiers. The five agencies are the Ministry of Maritime Affairs and Fisheries, the National Disaster Management Agency, the National Counterterrorism Agency, the Maritime Security Agency, and the Attorney General's Office.

According to Nurul, the proposed adjustments in the TNI Bill must be in line with the principle of TNI professionalism. The placement of active soldiers in the civilian realm must also consider national needs.

"Soldiers can only hold civilian positions after retiring or resigning, with some exceptions for certain positions," he explained.

Chairman of Commission I of the House of Representatives from the Indonesian Democratic Party of Struggle (PDI-P) faction, Utut Adianto, also emphasized that changes to a number of clauses in the TNI Bill must still be based on efforts to maintain civilian supremacy. Therefore, the placement of active soldiers in civilian institutions cannot be regulated arbitrarily.

Utut also emphasized that the revision of the TNI Law will not restore the dual function of the TNI as it was during the New Order. He also stated that this change was made in the interests of the state.

"This will not reduce civil rights. Not all are occupied. It is also at the request of the President. I heard, many do not want to return to the New Order. That will not happen, the times are different," he said.

Deputy Chairman of the Democratic Party Faction of the DPR Hinca Panjaitan believes that every bill discussed by the DPR together with the government is attempted to become the best legal umbrella. Commission I has a high commitment to making the TNI Law even better.

Therefore, said Hinca, public concerns about the return of the TNI's dual function along with the revision of the TNI Law need to be responded to by lawmakers. The voice of the public must be heard as part of implementing the principle of meaningful participation in the formation of laws.

"The many reactions from the public must be responded to as meaningful participation. Each of these laws is not something that cannot be done with, but is in accordance with existing needs. I am sure that our fellow Democrats in Commission I also have the same passion to build a better TNI," he said.