Civil Society Coalition Asks for TNI Bill Discussion to be Stopped

JAKARTA, KOMPAS - Several civil society groups have urged the government and the House of Representatives to halt discussions on the Draft Law concerning the Armed Forces. This is because many articles in the draft of the Armed Forces Bill are considered to contradict the spirit of Armed Forces reform.

The Civil Society Coalition for Security Sector Reform has stated that discussions on the revision of Law No. 34 of 2004 concerning the TNI need to be halted. This call for cessation is due to several critical issues, particularly the revival of the dual function of the TNI.

"Based on the draft received, there are proposed changes that are problematic. We urge the government and the House of Representatives not to proceed with the discussion on the revision of the TNI Law. We also hope that the House of Representatives will not yield to executive pressure, reject all forms of intervention, and prioritize human rights principles," said the Coordinator of Kontras, Dimas Bagus Arya Saputra, in a release received in Jakarta, Friday (7/3/2025).

This coalition consists of various community organizations, including Kontras, Imparsial, YLBHI, PBHI Nasional, Amnesty International Indonesia, ELSAM, Human Right Working Group (HRWG), WALHI, SETARA Institute, Centra Initiative, and the Jakarta Legal Aid Institute (LBH Jakarta).

In addition, there are the Legal Aid Institute (LBH) Pers, the Legal Aid Institute (LBH) Masyarakat, the Legal Aid Institute (LBH) Surabaya Pos Malang, the Alliance for Democracy Papua (ALDP), Public Virtue, the Institute for Criminal Justice Reform (ICJR), the Alliance of Independent Journalists (AJI) Jakarta, the Association of Indigenous Community Advocates of Nusantara (PPMAN), BEM SI, and Dejure.

There are three proposals in the draft of the TNI Bill highlighted by the Civil Society Coalition for Security Sector Reform, namely regarding the expansion of civilian positions, law enforcement for military personnel, and the removal of the prohibition on business activities for TNI members.

The expansion of civilian positions is outlined in the proposed amendment to Article 47 Paragraph 2 of the TNI Law, with the addition of the phrase "as well as other ministries/agencies requiring the expertise and skills of active military personnel in accordance with the President's policy." This amendment increases the number of civilian positions that can be held by TNI personnel, which previously were limited to only 10 ministries and agencies.

The addition of the phrase, Dimas continued, is very dangerous due to the possibility of a more lenient interpretation. This risks undermining the principle of civilian supremacy in governance and could lead to military dominance in the realm of civil bureaucracy.

The change could also damage the organizational pattern and career ladder of the state civil apparatus (ASN) because it will provide more space for the TNI to enter all available civil positions. Previously, Imparsial noted that there were 2,569 active TNI soldiers in civil positions in 2023. A total of 29 active officers held civil positions outside the institutions stipulated by the TNI Law.

This condition is considered to ignore the specialization, competence, experience, and service period of ASN in related agencies. This disrupts the recruitment pattern and career development of ASN which should be regulated steadily and in stages.

"Placing the TNI outside its function as a defense tool is not only wrong, but will weaken the professionalism of the TNI itself. Placing the TNI in a civilian position that is far from its duties and functions in defense is the same as reviving the dual function of the TNI that has long been abolished," he explained.

The placement of the TNI outside its function also has an impact on the confusion of the authority/jurisdiction of TNI soldiers involved in criminal acts, including human rights violations, to be tried in general courts or in military courts. If we refer to Law No. 31 of 1997 concerning Military Justice, TNI soldiers who commit crimes, both military and general, are tried in military courts.

According to Dimas, this hampers the law enforcement process because military justice is different from civilian justice. This difference is in the aspects of independence, transparency, and accountability for the public and the media to monitor the trial process.

"This provision raises issues when active TNI soldiers hold civilian positions. If they are involved in a crime in their capacity as a civilian official, they will still be tried in a military court, not in a general court as applies to other civilian officials," Dimas said.

This concern is compounded by the proposed amendment to Article 65 Paragraph 2 of the TNI Law which states that soldiers are subject to the authority of the military court in cases of violations of military criminal law and general criminal law. This is contrary to the spirit of the 1998 TNI reform.

This reform agenda has been mandated in Article 3 Paragraph 4 of MPR Decree No. VII of 2000 concerning the Role of the TNI and the Role of the Indonesian National Police, as well as Article 65 Paragraph 2 of the TNI Law. According to Dimas, both legal bases mandate that TNI soldiers are subject to military justice when violating military criminal law and are subject to general justice in violation of general criminal law.

"This is important. Not only as a form of implementing the principle of equality before the law as one of the important principles of the rule of law, but also to ensure transparency and accountability, including preventing impunity for military members who commit general crimes," said Dimas.

The decline of reform in the TNI is also seen in the proposal to remove the ban on doing business for TNI members. According to Dimas, the military is not built for business and political activities because it will disrupt professionalism and reduce pride as a soldier, so that it can have an impact on disorientation of his duties in maintaining the sovereignty of the country.

"At this point, the government should not throw away the responsibility of providing welfare for soldiers by removing the ban on doing business for TNI soldiers. It is important to remember that the task of providing welfare for soldiers is the obligation of the state and not the responsibility of individual soldiers," said Dimas.

Listening to input

However, Chairman of Commission I of the House of Representatives Utut Adianto said the focus of the discussion of the TNI Bill was limited to expanding civilian positions that could be filled by active military personnel and extending the TNI retirement age to be the same as state civil servants. So far, there has been no discussion about the proposal to remove the ban on doing business for TNI members and related to military justice as conveyed by the Civil Society Coalition for Security Sector Reform.

However, the DPR has captured the aspirations conveyed by the public regarding the TNI Bill. So far, the DPR has also invited a number of groups such as defense experts, retired TNI members and civil society groups, to be asked for input on issues in the TNI Bill.

"Of course I can't answer them one by one. If the intention is good, of course. (However), if there is a fear of returning to the New Order, I don't think we can turn back the clock," said Utut.

The PDI-P politician also promised that the DPR would implement the principle of meaningful participation in the discussion of the TNI Bill. That way, the requirements for the public's right to provide input, the right to have their input considered, and the right to receive an explanation if input is not accepted or accepted are met. This principle was also put forward so that protests such as the discussion of the Job Creation Law would not occur again.

"In the Job Creation Law, the Constitutional Court asked lawmakers to repeat (the discussion) because of the minimal participation which was deemed not to have met the requirements," said Utut.