Army Information Office Chief Says Involvement of Soldiers Guarding Prosecutor's Office is Routine Collaboration

JAKARTA, KOMPAS - The Indonesian National Army Army Headquarters or Mabes TNI AD stated that security activities within the environment of the prosecutor's office are part of routine and preventive security cooperation, not in a special situation. For the civilian population, the presence of TNI personnel to secure the prosecutor's office is viewed as militarization of the civil law enforcement institution.

The Head of the Army Information Service (Kadispenad) Brigadier General Wahyu Yudhayana, in a written statement on Sunday (11/5/2025), confirmed the existence of Number: ST/1192/2025 dated May 6, 2025, signed by Major General Christian K Tehuteru as the Assistant Operations Chief of Staff of the Army (KSAD). The letter is classified as a regular letter (SB) containing instructions to provide security for the high prosecutor's office (kejati) and the district prosecutor's office (kejari) throughout Indonesia.

"Therefore, I need to emphasize that the telegram letter was not issued in a special situation, but rather is part of routine and preventive security cooperation, as has been the case previously," said Wahyu.

In the telegram, the Army Chief of Staff instructed the regional military commanders to prepare and deploy personnel along with their equipment to secure the Attorney General's Office and the District Attorney's Office throughout Indonesia. For the Attorney General's Office, one company-sized unit (SST) consisting of 30 personnel is to be deployed, while for the District Attorney's Office, one squad equivalent to 10 military personnel will be assigned for security.

According to Wahyu, this security activity has been ongoing previously in the context of inter-unit relations. With this letter, there will be institutional security cooperation in line with the existence of the structure of the Deputy Attorney General for Military Crimes (Jampidmil) in the Prosecutor's Office.

Wahyu stated that the presence of security elements from the military is part of the support for the existing structure at the Attorney General's Office, namely Jampidmil, and is organized hierarchically. In its implementation, the number of personnel assigned will be divided into groups according to needs or requirements.

"Therefore, I need to emphasize that the telegram letter was not issued in a special situation, but rather is part of routine and preventive security cooperation, as has been the case previously," he stated.

The presence of security elements from the TNI is part of the support for the existing structure at the AGO, namely Jampidmil.

In a separate location, the Head of the Legal Information Center of the Attorney General's Office, Harli Siregar, confirmed this. Harli stated that currently, security measures by the prosecutor's office are being carried out by military personnel throughout Indonesia. The security activities in the regions are still in progress.

"Security is a form of cooperation between the TNI and the Prosecutor's Office," said Harli.

Harli did not respond when asked about the background of the cooperation between the military and the prosecutor's office to provide security at the prosecutor's office. Harli only stated that the security activities by the military personnel were a form of support from the military to the prosecutor's office in carrying out its duties.

"That is a form of TNI support for the Attorney General's Office in carrying out its duties," he said.

Executive Director of DeJure Bhatara Ibnu Reza believes that the deployment of TNI troops to the Attorney General's Office constitutes a military intervention into civilian law enforcement institutions. The memorandum of understanding between the TNI and the Attorney General's Office cannot be used as a basis for transferring the security activities of civilian institutions to the military.

Is this a military operation other than war? Bhatara stated that military operations other than war (OMSP) cannot be conducted solely based on a memorandum of understanding. "For the security of the prosecutor's office, it should be sufficient to have internal security. If security is indeed needed during the execution of a court decision, a request can be made to the police," said Bhatara.

According to Bhatara, the deployment of the military must be based on the state's policy politics in accordance with the Law on the National Armed Forces. Therefore, the reason provided by the Head of the Army Information Service stating that security by the military aligns with the existence of Jampidmil in the prosecutor's office cannot be justified, as the establishment of Jampidmil does not automatically permit military personnel to enter the prosecutor's office for security purposes. Conversely, personnel from the prosecutor's office are also not allowed to enter the military.

The entry of the military into the prosecutor's office not only contradicts constitutional law but may also have serious implications for the law enforcement process in the future. For instance, when there is a corruption case involving military personnel, the prosecutor's office will find it increasingly difficult to process it.

Bhatara suspects that this process of militarization will continue to occur gradually. This is considered a threat to Indonesia as a democratic country that upholds civilian supremacy. "Therefore, the logic is not the logic of state structure, but rather the logic of the militarization of civil institutions. The Prosecutor's Office has lost its independence as a civil law enforcement agency. This is the nature of the military," he stated.

The entry of the military into the prosecution is not only inconsistent with constitutional law but may also have serious implications for the law enforcement process in the future.

The Civil Society Coalition for Security Sector Reform, in a written statement, requested that the Commander of the National Armed Forces revoke the order for the deployment of military personnel within the prosecutor's office. The coalition believes that this order contradicts numerous laws and regulations, particularly the Constitution, the Judicial Power Law, the Prosecutor's Law, the National Defense Law, and the National Armed Forces Law itself, which clearly delineate the primary duties and functions of the military.

"The Civil Society Coalition for Security Sector Reform regrets the existence of a telegram from the Commander of the Indonesian National Armed Forces dated May 5, 2025, containing orders for the preparation and deployment of support equipment to the High Prosecutor's Office and the District Prosecutor's Offices throughout Indonesia. Such deployment further strengthens the military's intervention in civilian affairs, particularly in the realm of law enforcement," as quoted from the statement.

According to the Coalition, the duties and functions of the military should focus on defense aspects, rather than entering the realm of law enforcement. On the other hand, until now there has been no regulation regarding the assistance of the military in the context of OMSP concerning security activities at the prosecutor's office by military personnel.

The cooperation between the TNI and the prosecutor's office is considered to lack a strong legal basis to justify the deployment of troops to the prosecutor's office and is, in fact, contrary to the Law on the TNI. The coalition also assesses that the order from the TNI Commander has the potential to affect the independence of law enforcement in Indonesia by mixing the defense functions of the TNI with the authority of law enforcement.

"The order for mobilization further strengthens the public's suspicion regarding the return of the dual function of the military after the Military Law was revised a few months ago. In fact, one of the articles adds the Attorney General's Office as one of the institutions that can be intervened by the military," stated the Coalition.

At the end of their statement, the Coalition requested that the Commander of the National Armed Forces revoke the Order and restore the role of the Armed Forces in the defense sector. The Coalition also urged the House of Representatives, particularly Commission I, Commission III, and Commission XIII, to ensure the absence of dual functions of the Armed Forces and to urge the President to annul the Commander of the Armed Forces' Order. This is to uphold the supremacy of civilian authority in law enforcement in Indonesia.