All Prosecutors' Offices Guarded by TNI, Civil Society: Not in Line with the Constitution

JAKARTA, KOMPAS - Security at the prosecutor's office throughout Indonesia is now carried out by personnel from the military. The Attorney General's Office stated that this security measure by military personnel is a form of cooperation between the military and the prosecutor's office. Meanwhile, a coalition of civil society views this step as contrary to the constitution and several other laws and regulations.

Security activities across all prosecutor's offices, both high prosecutors and district prosecutors, were revealed in Telegram Letter Number: ST/1192/2025 dated May 6, 2025, signed by Major General Christian K Tehuteru as the Assistant Operations of the Army Chief of Staff. This was based on the TNI Commander’s telegram No TR/422/2025 dated May 5, which ordered the deployment of personnel to support the security of high prosecutors and district prosecutors throughout Indonesia.

For this activity, the ranks of the Army are requested to prepare and deploy personnel along with their equipment, specifically one platoon-level unit (SST) consisting of 30 personnel to secure the high prosecutor's office. Meanwhile, for the security of the district prosecutor's office, one team or the equivalent of 10 Army personnel will be deployed.

The Head of the Legal Information Center of the Attorney General's Office, Harli Siregar, confirmed this when contacted on Sunday (11/5/2025). Harli stated that currently, security measures by the prosecutor's office are being carried out by military personnel across 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.

Harli did not answer when asked about the background of the cooperation between the TNI and the prosecutor's office to provide security at the prosecutor's office.

Based on Kompas' observations at the Attorney General's Office Complex, Jakarta, last week, dozens of TNI personnel transported by at least 4 military trucks began guarding the Attorney General's Office complex. Previously, security at the AGO was carried out by personnel from the AGO's Internal Security (Pamdal), which is an internal security unit, plus several TNI personnel. The involvement of these TNI personnel only occurred after the Deputy Attorney General for Military Crimes was formed.

Security by TNI personnel at the Attorney General's Office Complex was temporarily increased or tightened following the incident of the stalking of the Deputy Attorney General for Special Crimes, Febrie Adriansyah, by personnel from the Special Detachment 88 Anti-Terror of the National Police, along with a police convoy surrounding the Attorney General's Office Complex with vehicles and motorcycles at the end of 2024. At that time, several vehicles from the Military Police were stationed at the entrance gate of the Attorney General's Office.

Separately, several civil society groups united in the Civil Society Coalition for Security Sector Reform have 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 includes, among others, Imparsial, the Indonesian Legal Aid Foundation (YLBHI), Amnesty International Indonesia, the Institute for Study and Advocacy of Society (Elsam), the Alliance of Independent Journalists (AJI), and the Setara Institute.

The coalition assesses that the order to deploy military personnel along with their equipment to secure all prosecutors is in violation of numerous laws and regulations, particularly the constitution, the Judicial Power Law, the Prosecutor's Law, the National Defense Law, and the TNI Law, which clearly regulate the main duties and functions of the TNI.

"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 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 Coalition's 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 military operations other than war (OMSP) concerning security activities at the prosecutor's office by military personnel.

The prosecutor's office, as a civil law enforcement institution, is considered not to require military personnel to maintain security, as there is no threat that justifies the deployment of military personnel. Furthermore, the security of civil law enforcement institutions can be adequately managed by the Prosecutor's Security Unit.

Therefore, the cooperation between the military 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 Military Law. The coalition also assesses that the order from the Commander of the Military has the potential to affect the independence of law enforcement in Indonesia by mixing the defense functions of the military with the authority of law enforcement.

The prosecutor's office, as a civil law enforcement institution, is considered not to require military personnel to maintain security, as there is no threat that justifies the deployment of military personnel.

"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.

Article 47 paragraph (1) of Law 3/2025 concerning the National Armed Forces states, among other things, that soldiers may hold positions in ministries/agencies that coordinate the fields of national politics and security, national defense including the National Defense Council, the Attorney General's Office of the Republic of Indonesia, and the Supreme Court. This article is currently being challenged for its constitutionality by several civil society groups in the Constitutional Court.

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.