Excesses of Implementing Military Operations Other Than War if Completely Handed Over to the Government

JAKARTA, KOMPAS – The proposal to amend the basis for implementing military operations other than war (OMSP), as outlined in the List of Issues Inventory for the Draft Law on the Armed Forces, is considered to potentially undermine the principle of civilian supremacy. The implementation of OMSP cannot be entirely entrusted to the government or the president. There must be oversight from the House of Representatives (DPR) to prevent the implementation of OMSP from deviating significantly from the primary duties of the Armed Forces.

Referring to the List of Problem Inventory (DIM) of the Draft Law (RUU) on the Armed Forces (TNI) prepared by the government, the scope of Military Operations Other Than War (MOOTW) regulated in Article 7, paragraph 2 of Law Number 34 of 2004 concerning the Armed Forces (TNI) is proposed to be expanded. Initially limited to 14 main tasks, it is proposed to be increased to a total of 17 main tasks.

The addition of three tasks includes assisting the government in efforts to address cyber threats; assisting the government in protecting and safeguarding Indonesian citizens and national interests abroad; and assisting the government in combating the misuse of narcotics, precursors, and other addictive substances.

Not limited to that, the government proposed changes to the legal basis for the implementation of OMSP. In the current Military Law (UU TNI), the implementation of OMSP is based on national policy and political decisions. In the DIM of the Military Bill (RUU TNI), it is stated that the implementation of OMSP will be further regulated through government regulations (PP) or presidential regulations (Perpres). The reason is to ensure clarity in the duties and functions of the military in carrying out OMSP.

The basis of state policy and political decisions only applies to military operations for war.

The List of Problem Inventory (DIM) for the TNI Bill has been submitted to Commission I of the House of Representatives (DPR) during a working meeting at the Parliament Complex, Jakarta, Tuesday (11/3/2025). The DIM serves as the basis for discussions on the revision of the TNI Law between the government and the DPR. On Friday-Saturday (14-15/3/2025), the working committee (panja) formed by Commission I of the DPR and the government held a consignment meeting to discuss the revision of the TNI Law at the Fairmont Hotel, Jakarta.

The Director of Imparsial, Ardi Manto Adiputra, when contacted on Saturday (15/3/2024), stated that the country's policies and political decisions underpinning OMSP, as outlined in the currently applicable Military Law, Law No. 34/2004, mean that the implementation of OMSP cannot be decided solely by the government but must go through discussions and approval from the House of Representatives.

Thus, if the basis of the country's political decision is proposed to be revoked during the revision of the Military Law, especially if Military Operations Other Than War (OMSP) are later solely based on Government Regulations or Presidential Regulations, it means that the House of Representatives (DPR) might no longer be involved when the government intends to deploy the military for OMSP.

This is considered as a form of deviation from civil supremacy. The principle of civil supremacy requires the deployment of TNI soldiers to be carried out by civil political authorities, in this case based on the state's political decision between the President and the DPR.

"The government and the DPR should not change the basis for implementing OMSP as stated in Article 7 of the TNI Law because it is dangerous for the democratic system and civil supremacy," Ardi stressed.

Center for Strategic and International Studies security researcher Nicky Fahrizal also disagrees if the basis for implementing OMSP is regulated in a PP or Presidential Decree. Based on a PP or Presidential Decree, the requirements for military deployment for OMSP will later rely entirely on the subjectivity of the president or government. This is very susceptible to deviation, especially if with a PP or Presidential Decree, there is no involvement of the DPR as an executive supervisor.

He also emphasized the importance of consideration from other state institutions outside the government, especially the DPR, before deploying the military for OMSP. Moreover, with the principle of civil supremacy adopted by this country, the DPR should have the authority to ask the government regarding the purpose of deploying OMSP.

"The military deployment must know one purpose for what, what is the mission for, that's the first. The second, how long the mission is carried out, there must be limitations. The third is, who is responsible for this deployment," he explained.

Therefore, Nicky encouraged the involvement of DPR supervision in military deployment for OMSP to remain stated when revising the TNI Law.

"There must be and should be included in the revision of the TNI Law. It does not seem agile, but in the corridor of democracy, the choice must still be taken. In the corridor of democracy, the monitoring mechanism to prevent abuse of power must still be consistently implemented," he added.

According to him, DPR supervision should be stronger. Especially considering the current government's tendency to increase OMSP to help implement government programs.

The military, for example, is deployed to pursue food self-sufficiency targets and help implement the Free Nutritious Meals program. He sees that the government often takes the policy of involving the military on the grounds of urgent needs. However, in the eyes of the public, the conditions are normal or fine, so there is no need for OMSP. "Well, something like this actually has to have a public test through the DPR," he said.

Not only is it still written in the TNI Law, Nicky even pushed for OMSP to be regulated by its own law. Moreover, if you look at it lately, the implementation of OMSP is more than military war operations. "Indeed, ideally there is a separate law that regulates it," he added.

However, whatever it is, he emphasized that OMSP must still be supervised by the DPR. "This means that the DPR provides notes when OMSP is held," said Nicky.

In the Working Meeting of Commission I of the DPR at the Parliament Complex, Jakarta, Thursday (13/3/2025), TNI Commander General Agus Subiyanto said that his party welcomed the revision of the TNI Law. He considered that the current law was no longer relevant and needed adjustments in order to face various problems.

Agus Subiyanto also conveyed the TNI's commitment to upholding the principle of civil supremacy and military professionalism in carrying out its main duties.

"The TNI views the principle of civilian supremacy as a fundamental element in a democratic state that must be maintained by ensuring a clear separation between the military and civilians," he said.

Chairman of Commission I of the House of Representatives Utut Adianto also emphasized the commitment to civil supremacy. The politician from the Indonesian Democratic Party of Struggle also emphasized that the dual function of the TNI as in the New Order era did not return with the revision of the TNI Law.

"No one can turn back the clock. What exists is a new trend, a new spirit. Times have changed. As Bung Karno said, zeitgeist (spirit of the times). The Commander also stated civil supremacy in a democratic country, he has already stated that," he said.