Civil Society and Academic Coalition Urges DPR and Government to Stop Revision of TNI Law

JAKARTA, KOMPAS – The revision of Law Number 34 of 2004 concerning the Indonesian National Armed Forces (TNI) is considered to contradict the agenda of TNI reform, which aims to support the TNI in becoming a professional military force as a tool for national defense, in accordance with constitutional and democratic mandates. The revision process is deemed to have insufficient involvement of civil society, academic institutions, and all elements of the community, and appears rushed, elitist, and highly exclusive.

If the discussion continues, it is feared that it will only restore the dual function of the military, further perpetuating military impunity. Calls for the government and the House of Representatives to halt the discussion on the revision of the Military Law have emerged.

This was conveyed in a joint statement titled "Rejecting Legislative Crimes in the Discussion of the TNI Bill: Unconstitutional, Violating Human Rights and Academic Freedom" by the Constitutional and Administrative Law Society (CALS), the Indonesian Caucus for Academic Freedom (KIKA), PSHK Indonesia, and the Campus Workers Union (SPK) in an online event on Sunday (16/3/2025).

Present at the event were Satria Unggul Wicaksana P (Muhammadiyah University of Surabaya/KIKA); Saiful Mahdi (ICAIOS/UNSYIAH/KIKA Chapter Aceh); Elvira Rumkabu (Papua Democratic Institute/KIKA Chapter Papua); Bivitri Susanti (STIH Jentera/CALS); Herdiansyah Hamzah (Mulawarman University/CALS); Susi Dwi Harijanti (Professor of Law, Padjajaran University/CALS); and Fajri Nursyamsi (PSHK Indonesia).

According to Bivitri Susanti, Article 30 of the 1945 Constitution states that the TNI, consisting of the Air Force, Navy, and Army, is an instrument of the state, not a state institution. This means that the TNI is positioned as an instrument by the state because it is granted special access to weapons and tools associated with violence, and it has the legitimacy to exercise violence and access weaponry.

"The military is very important for a country, but it is not compatible in a democratic government because the military's character will always be top-down, whereas in a democratic country we want bottom-up," said Bivitri.

For that reason, in revising the Military Law, it must consider the urgency and needs of the military itself. Moreover, Indonesia is currently not in a state of war like the conflict between Russia and Ukraine and other countries. Therefore, if there is an intention to amend the Military Law now, it should be done to enhance the professionalism of the armed forces, particularly in the context of military judiciary.

He reminded that in 2004, the TNI Law was enacted in the context of post-reform. At that time, the form of security sector reform was to separate the TNI and Polri, which were previously unified under ABRI. Additionally, it eliminated the dual function of ABRI.

"So there is a context for making changes to the law," said Bivitri.

Bivitri requested that the discussion on the revision of the TNI Law be halted for the time being. She also urged that a comprehensive and participatory analysis be conducted, rather than proceeding with discussions in a secretive and rushed manner. The analysis should also include the number of TNI officers, which is said to be excessively high.

"It should be studied more deeply, given a more comprehensive policy, not just giving business or sharing power in civil positions, but so we need more time to discuss this in a participatory manner," said Bivitri.

It is known that on Friday-Saturday (14-15/3/2025), the government working committee and Commission I of the DPR held a meeting to discuss the problem inventory list or DIM for the revision of Law Number 34 of 2004 concerning the TNI.

It should be studied more deeply, given a more comprehensive policy, not just giving business or sharing power in civil office, but so we need more time to discuss this in a participatory manner.

The revision of the TNI Law concerns three clusters that are discussed, namely the Ministry of Defense which handles the procurement, recruitment and maintenance of the main weapons system (alutsista); the addition of civilian institutions that can be occupied by the TNI, and the increase in the retirement age. Several important aspects of the military, such as professionalism, operational readiness, strategic thinking, and the importance of responding to rapidly changing strategic developments, are not visible.

Satria Unggul Wicaksana P said, if the TNI's impunity gets stronger, it will have a tremendous impact on campus life. What is feared is that the TNI will be able to have extraordinary power in suppressing academic freedom, conducting sweeps or raids on books that are considered to be contrary to the Pancasila ideology, or can also break up discussions on campus if they are considered to be contrary to the principles of national security.

"Civil spaces will be increasingly narrowed, freedom of speech will be increasingly taken away, and this is an effect, both direct and indirect, of the ratification of the revision of the TNI Law itself," he said.

In fact, Satria continued, the TNI Law in 2004 was a mandate of reform. At that time, the dual function of ABRI had caused a very bad effect on the condition of civil society in Indonesia during the New Order. He did not want that dark event to happen again.

"Of course we do not want much worse events to happen again. Moreover, civil society, campuses, and all elements of society are not involved in the revision of the TNI Law itself and it seems hasty, elitist, and very exclusive from the revision of the TNI Law itself," said Satria.

Herdiansyah Hamzah sees the potential for the return of the TNI's dual function due to the expansion of active soldiers serving in civilian positions has been marked by plans to extend the retirement period. In fact, this actually adds to the problem of the accumulation of non-job officers and the placement of active officers in civilian positions that are not in accordance with regulations. ⁠

The expansion of civil positions that can be occupied by active TNI officers, according to him, also threatens civilian supremacy, and erodes the professionalism and independence of the TNI. ⁠ The expansion of civil positions also opens up space for interference in the country's political security area, and annuls the people's voice through the DPR in the implementation of military operations other than war.

"Therefore, we ask for the discussion of the revision of the TNI Law which is being carried out secretly and is contrary to the principles of law and human rights to be stopped immediately. Rejecting the revival of the dual function of ABRI which is increasingly perpetuating the impunity of the TNI by filling civilian positions from active TNI," said Herdiansyah.

Susi Dwi Harijanti expressed similar sentiments. She saw that the discussion of the revision of the TNI Law was carried out in a hurry, apparently because there were parties who wanted to try to revive the dual function of the TNI. This must be rejected.

Today, what we are doing together is a form of civil society awareness to maintain and strengthen democratic civil governance.

The rejection can be done in two ways, namely, first, preventing the existence of regulations that provide or open the door to dual function. Second, no less important, is the strength or consolidation of political power that has the awareness and responsibility to develop and maintain democratic civil governance.

"What we are doing together today is a form of civil society awareness to maintain and strengthen democratic civil governance," said Susi.

Separately, the Head of the TNI Information Center (Kapuspen) Major General Hariyanto said that the revision of the TNI Law is a step to strengthen national defense, improve the professionalism of soldiers, and ensure civilian supremacy in national and state life. The revision of the TNI Law aims to perfect the TNI's main tasks to be more effective without overlapping with other institutions, and also adjustments in facing threats, both military and non-military threats.

Regarding the regulation on the retirement age limit for TNI soldiers, according to him, this aims to contribute to the country while maintaining the balance of regeneration within the TNI. "We see that adjusting the retirement age limit can be a solution so that soldiers who still have optimal abilities can continue to serve, without hindering leadership regeneration in the TNI," he said.

He also emphasized that the revision of the TNI Law upholds civilian supremacy. Moreover, TNI Commander Agus Subiyanto has stated during a hearing with Commission I of the DPR that civilian supremacy is a fundamental principle in a democratic country that must be maintained with a clear separation between the military and civilians.

The TNI, Hariyanto continued, is committed to maintaining a balance between the roles of the military and civil authorities, while maintaining the principle of civil supremacy and military professionalism in carrying out its main duties.