DPR and Government Unmoved, Three Crucial Changes to TNI Law Agreed

JAKARTA, KOMPAS – The government and the DPR remain steadfast, continuing discussions on the revision of Law Number 34 of 2004 concerning the TNI despite public rejection. The DPR Working Committee and the government have even agreed on three crucial changes to the TNI Law. Not only has the TNI's involvement in operations other than war been expanded, the number of ministries/institutions that can be filled by active soldiers has also been agreed to be increased.

Based on the problem inventory list (DIM) of the Draft Law on Amendments to the TNI Law (RUU TNI) received by Kompas, Monday (17/3/2025), there are three crucial points that have been agreed to be changed. The three crucial materials are stated in Article 3 which regulates the position of the TNI, Article 47 regarding the placement of the TNI in ministries and institutions, and Article 53 regarding the retirement age limit. The agreement was made in a consignment meeting of the DPR Commission I Working Committee (Panja) of the TNI Bill with the government, March 14-15.

In Article 3, for example, the working committee agreed that defense policies and strategies as well as administrative support related to aspects of TNI strategic planning are under the coordination of the Ministry of Defense. The strategic planning includes procurement budgeting, even weapons maintenance and care, and recruitment are under the Ministry of Defense. Previously, Law 34/2004 called it the Ministry of Defense. Only the nomenclature of the ministry has changed because it has to be adjusted.

Then, in Article 47 of the previous TNI Law, it was stated that there were 10 ministries and institutions that could place active soldiers. These ministries and institutions include the Coordinator for Political and Security Affairs, National Defense, the Presidential Military Secretariat, State Intelligence, and the State Code. In addition, the National Resilience Institute, the National Defense Council, the National SAR, the National Narcotics, and the Supreme Court.

The Working Committee agreed to add six ministries and institutions that can be occupied by active soldiers. The six additional institutions included in the revised TNI Law are the National Disaster Management Agency (BNPB), the National Counterterrorism Agency (BNPT), the Maritime Security Agency (Bakamla), the Attorney General's Office, the Ministry of Maritime Affairs and Fisheries, and the National Border Management Agency (BNPP).

Then, the TNI Law Revision Working Committee also agreed to change Article 53 regarding the retirement age limit. Previously, all non-commissioned officers/private personnel retired at the age of 53, and high-ranking officers retired at the age of 58, now it has been agreed that the maximum retirement age is 55. As for officers up to the rank of colonel, the maximum retirement age is 58 years, one-star high-ranking officers the maximum is 60 years, two-star high-ranking officers the maximum is 61 years, and three-star high-ranking officers the maximum is 62 years.

Specifically for 4-star high-ranking officers, the highest retirement age limit is 63 years old and can be extended a maximum of 2 times according to the needs stipulated by Presidential Decree.

Deputy Speaker of the House of Representatives Sufmi Dasco Ahmad revealed that the addition of six ministries and institutions that can be occupied by active soldiers was agreed upon because it is in accordance with other institutional laws. "Like in the Attorney General's Office, because there is a military criminal attorney general there who in the Attorney General's Law is held by the TNI, here we include it," he said in a press statement at the Parliament Complex, Jakarta, Monday.

Meanwhile, related to military operations other than war (OMSP) in the revised DIM of the TNI Law agreed by the working committee, it is regulated for 17 matters from the original 14 matters. The addition of the three tasks in question is to assist the government in efforts to overcome cyber threats, assist the government in protecting and saving Indonesian citizens and national interests abroad, and assist the government in overcoming the abuse of narcotics, precursors, and other addictive substances.

The addition of six ministries and institutions that can be occupied by active soldiers was agreed because it is in accordance with other institutional laws.

Previously, the Chairman of the Working Committee for the Revision of the TNI Law and Chairman of Commission I of the DPR, Utut Adianto, said that the results of the working committee meeting would be discussed again in a meeting of Commission I of the DPR with government representatives. It is possible that in that meeting, level I approval will be taken directly before then requesting approval for ratification of the revision of the TNI Law in the DPR Plenary Meeting.

"If the minister is ready, this law is targeted by the Minister of Defense to be passed during this session. If he is ready, we (DPR) are also ready. It does not mean chasing a target, what is important is that it has been discussed as well as possible," he explained.

Regarding the information that the revision of the TNI Law will be passed this week, Utut said that the DPR did not set a target. However, if it can be completed faster, it will definitely be passed quickly too.

"If it's finished today and I think we all agree it's more than enough and good, why not? But we're waiting for the minister. Of the four ministers, at least one will be there," Utut said.

Separately, the General Chairperson of the Nusantara Awakening Party, Anas Urbaningrum, reminded the government and the DPR not to be prejudiced by public opinion. He also asked the DPR and the government not to close themselves off to public discussion.

In fact, Anas said, lawmakers should really ask for the views or opinions of the public. Therefore, Anas considered that the revision of the TNI Law did not need to be done too hastily and seemed closed.

"The TNI Law and the new revised TNI Law must belong to all the people, to all the children of the nation, to the Unitary State of the Republic of Indonesia. Not only to the Government, the DPR and the TNI. In fact, the TNI is the people's army. It must not be distant from the people, let alone separated from the people," said Anas.

According to Anas, by deliberately being open to involving public thoughts, ideas and input, the best choice will be obtained. The process will certainly take a little longer. However, with a better, more open, participatory process, a new law will be born that is more complete, precise, solution-oriented and highly legitimate.

However, he also asked the public not to be prejudiced by the revision of the TNI Law. There is no need to be suspicious of the revision or improvement or refinement of the TNI Law to be adjusted to the development of the situation and new challenges. "Do not immediately pass a verdict that it will return the Dual Function and or a step back to the New Order era," he said.

Previously, there was a firm statement of position from civil society and academics delivered on Sunday (16/3/2024) by calling for "Rejecting Legislative Crimes in the Discussion of the TNI Bill: Unconstitutional, Violating Human Rights and Academic Freedom".

Civil society and academics consider that the revision of Law Number 34 of 2004 concerning the TNI is considered contrary to the TNI reform agenda, namely supporting the TNI to become a professional army as a national defense tool, as mandated by the constitution and democracy. Meanwhile, in terms of the process, the discussion of the revision of the TNI Law is considered to have not involved civil society, campuses, and all elements of society, and seems rushed, elitist, and very exclusive.