Why Do Civil Society and Academics Strongly Reject the Revision of the TNI Law?

1. Since when has the discourse on revising the TNI Law been rolling?

The discourse on revising the TNI law has been circulating since at least 2019, or six years ago. At that time, the issue of an excess number of middle and senior TNI officers emerged, resulting in hundreds of middle and senior officers without positions. Restructuring of middle and senior officers will be carried out, one of which involves placing several "idle" senior TNI officers into various ministries and civil institutions.

However, the placement of TNI officers in ministries and civilian institutions is constrained by Law Number 34 of 2004, which limits it to only 10 agencies.

Inspector General of the Indonesian National Armed Forces, Lieutenant General Muhammad Herindra, at that time stated that revisions to the Armed Forces Law were being drafted to include several institutions whose positions could be held by active officers. Several institutions under review at that time included the Coordinating Ministry for Maritime Affairs, the Presidential Staff Office, and the Maritime Security Agency.

Since its inception during President Joko Widodo's administration, the discourse on revising the TNI Law has faced rejection from civil society groups. They argue that the revision of the TNI Law has the potential to reinstate the dual function of ABRI during the New Order era.

2. How did the government and DPR finally agree to revise the TNI Law?

The government, represented among others by Minister of Defense Sjafrie Sjamsoeddin and Minister of Law Supratman Andi Agtas, along with Commission I of the House of Representatives, on Tuesday (11/3/2025), agreed to revise Law Number 34 of 2004 concerning the Armed Forces. Subsequently, they formed a working committee to discuss the revision of the Armed Forces Law, consisting of 18 members of the House of Representatives and 4 government representatives.

There are three proposals from the government regarding the revision of the TNI Law. The proposed revisions include Article 3 concerning the position of TNI, Article 47 regarding the placement of TNI in ministries and institutions, and Article 53 concerning the retirement age limit.

Before the agreement, Commission I of the House of Representatives invited several parties, such as experts and civil society, to gather input regarding the Draft Law on the Armed Forces.

3. What are the substances that will be revised in the TNI Law?

Chairman of Commission I of the DPR, Utut Adianto, after the working committee meeting for the revision of the TNI Law on Saturday (15/3/2025) said that there were three fundamental things discussed, namely the position of the Ministry of Defense and the TNI, the new scope in which the TNI may remain active, and finally the retirement age of soldiers.

There are six additional agencies from the previous 10 ministries/institutions that can be occupied by active TNI. The six additional agencies included in the revised TNI Law are the National Disaster Management Agency (BNPB), the National Counterterrorism Agency (BNPT), the Maritime Security Agency (Bakamla), the Attorney General's Office, the Supreme Court, and the National Border Management Agency (BNPP).

Regarding the proposed change in the retirement age of soldiers, according to him, it is part of justice. So far, private soldiers and non-commissioned officers retire at the age of 53. In the revised TNI Law, the retirement age of soldiers is extended in stages.

Meanwhile, regarding military operations other than war (OMSP), the revised TNI Law will regulate 17 matters from the original 14 matters. The addition of three tasks is to assist the government in efforts to overcome cyber threats, assist the government in protecting and saving Indonesian citizens and national interests abroad, and assist the government in overcoming the abuse of narcotics, precursors, and other addictive substances.

4. How is the rejection of the revision of the TNI Law?

The rejection of the revision of the TNI Law is not only related to the substance of the changes, but also the closed discussion process at a luxury hotel on Friday-Saturday (14-15/3/2025), instead of following President Prabowo Subianto's instructions regarding the efficiency of the government budget.

In substance, civil society and academics consider that the revision of Law Number 34 of 2004 concerning the TNI is considered to be contrary to the TNI reform agenda, namely supporting the TNI to become a professional army as a national defense tool, as mandated by the constitution and democracy. Meanwhile, in terms of process, the discussion of the revision of the TNI Law is considered to have not involved civil society, campuses, and all elements of society, and seems rushed, elitist, and very exclusive.

A firm statement of position from civil society and academics was delivered on Sunday (16/3/2024) by calling for "Rejecting Legislative Crimes in the Discussion of the TNI Bill: Unconstitutional, Violating Human Rights and Academic Freedom".