Beware of Revision of TNI Law Regarding Placement of Soldiers in Civilian Positions

JAKARTA, KOMPAS – Public unrest regarding the potential expansion of the deployment of TNI personnel due to the Revision of Law Number 34 of 2004 concerning TNI needs to be addressed. Careful consideration is required to ensure that the public does not grow increasingly antagonistic due to suspicions that the dual function of TNI is reemerging as a result of the changes.

The General Chairperson of the Association of Retired Military and Police Officers (Pepabri) General TNI (ret.) Agum Gumelar observed the public's concerns.

During a public hearing with Commission I of the House of Representatives at the Parliamentary Complex, Jakarta, Monday (10/3/2025), he stated that this concern must be addressed with caution in the revision of the Military Law.

Agum did not directly reject the amendment to the articles in the TNI Law. However, he hopes that the regulation concerning the placement of active military personnel in civilian domains requires careful consideration.

Previously, Article 47 Paragraph 2 of Law Number 34/2004 stated that active military personnel could only occupy positions in 10 civilian institutions. These placements include the Coordinating Ministry for Political, Legal, and Security Affairs, the Ministry of Defense, the Presidential Military Secretariat, the State Intelligence Agency, and the National Encryption Agency.

In addition, there are also the National Resilience Institute, the National Defense Council, National Search and Rescue (SAR), National Narcotics, and the Supreme Court.

"The desire to expand the 10 points of agencies that can be occupied by active military personnel, I believe, should be carefully considered. Do not let this lead to the growing antipathy of the public, as if justifying the dual function of the military," he explained.

According to Agum, the public must be assured that the revision does not reinstate the dual function of the TNI. Moreover, this concern could potentially divide the nation as it is prone to being exploited for conflict.

"Our current threat is national disintegration. Worries, hatred, and incitement are now being created. Pepabri is very concerned about this issue, and I do not want the steps in the revision to invite public dissatisfaction and increase suspicion, in this case, the dual function of the TNI," he said.

Therefore, he asked that this revision also need to listen to the voice of the people so that everyone can understand it. He also saw the need for restrictions, prohibitions on getting double facilities, and periodic evaluations so that TNI members remain professional soldiers.

This placement must be in accordance with the qualities of a complete soldier.

Agum also emphasized that the placement of TNI members in civilian positions should not extend to positions that do not match their qualifications as soldiers.

"This placement must be in accordance with the quality as a complete soldier," he stressed when met after the meeting.

Agum also responded to the proposal to remove the ban on TNI in doing business. He stated that this ban should be considered because TNI involvement in business could reduce the values of discipline as soldiers.

However, Agum also asked for restrictions on the meaning of the business. He did hope that TNI members would still be prohibited from participating in corporate businesses related to policies and authorities.

However, household businesses that improve family welfare, such as selling daily necessities, are still permitted.

"We strongly agree with the prohibition of active TNI to do business, because it is related to declining discipline. But we must be able to differentiate, business here is related to policy, such as a colonel who does business with a businessman because he expects something. Not a non-commissioned officer's wife who opens a shop to improve family welfare," said Agum.

Chairman of Commission I of the DPR, Utut Adianto, stated in a meeting that the contribution of ideas from Pepabri would be noted in the discussion of the TNI Bill.

Regarding the welfare of the TNI and its supporting organizations, Utut continued, it will be considered in accordance with existing budget calculations.

"From Mr. Agum and Pepabri, we received very concrete input. This is what is called meaningful participation. In every law, there is the people's right to be heard, to be considered, and to be explained," said the legislator from the PDI-P faction.