Why Should Discussions on the Revision of the TNI Law Be Secretive and Held in a Luxury Hotel?

JAKARTA, KOMPAS - Since Friday (14/3/2025), the government working committee and Commission I of the House of Representatives held a meeting to discuss the list of issues inventory (DIM) for the revision of Law Number 34 of 2004 concerning the Armed Forces. The meeting has drawn criticism for appearing secretive, closed, and being held at a luxury hotel in Jakarta. This is despite the government actively striving to streamline the budget.

A member of Commission I of the House of Representatives from the PDI Perjuangan faction, Tubagus Hasanuddin, when met at the meeting event held at the Fairmont Hotel, Jakarta, Saturday (15/3/2025), stated that criticism regarding the organization of meetings in luxury hotels is understood. However, according to him, if there is a task, it must indeed be completed as soon as possible.

"The most important aspect in drafting a law is the reference to the procedure of how it is made. Yes, the procedure must not be overlooked," said TB Hasanuddin.

He added that every stage of the revision of the TNI Law must also be accompanied by intensive discussions, so that the DPR and the government do not make hasty decisions. He considered the consignment meeting to be very good, and its results were significant.

"Regarding whether the revision of the TNI Law will be completed before the Eid holiday or not, I am not focusing on that. If, for instance, it is completed after the holiday, then it will be a relief. Or, if it is completed before the holiday, it will also be a relief," he added.

If the discussion on the revision of the TNI Law is completed, he continued, Commission I can proceed with the discussion of other Draft Laws (RUU), such as the Draft Law on Airspace Usage and the Draft Law on Broadcasting. Thus, in his personal opinion, the faster the discussion and the sooner it is completed, the better.

Meanwhile, the Chairman of Commission I, Utut Adianto, stated that consignment meetings or discussions of several laws by the House of Representatives and the government are commonly held in hotels. He cited the discussion of the Prosecutor's Bill held at the Sheraton Hotel. Another example is the discussion of the revision of the Personal Data Protection Law held at the Intercontinental Hotel.

Therefore, he questioned the reason that only the discussion of the revision of the TNI Law was criticized because it was held in a hotel. "Well, here it is a consignment. Do you know the meaning of consignment? Consignment is grouping (a list of inventory problems) like that," he said.

The agenda of the consignment meeting has started since Friday at around 13.30 WIB. The meeting on Friday night ended at 22.00 WIB. After that, the meeting continued today starting at 10.00 WIB.

"Last night, we were only able to complete about 40 percent of the total DIM. I don't remember exactly how many. That's what we completed from the 92 DIM," said TB Hasanuddin.

The meeting on Friday afternoon, he continued, was more intensive in discussing the proposed revisions related to the retirement age of TNI soldiers.

"Yesterday it was decided to do it gradually. So it's not immediate. Maybe those who are now so old and close to retirement, will retire immediately. There are those who are one year short, so they will be added and so on," explained the former Presidential Military Secretary.

He added that the Directorate General of Budget of the Ministry of Defense has also calculated the budget requirements for the change in retirement age. As a result, there are no budget obstacles for calculating the retirement age.

In the DIM RUU TNI proposed by the government, the retirement age of soldiers is proposed according to the soldier's level, starting from non-commissioned officers and privates with a maximum age of 55 years, first and middle officers (58 years), and high-ranking officers or one-star Pati (60 years). Furthermore, the retirement age of two-star Pati is a maximum of 61 years and three-star Pati is a maximum of 62 years. For four-star Pati, according to the president's policy. Especially for soldiers who occupy functional positions, they can carry out military service until a maximum age of 65 years.

Meanwhile, regarding the placement of soldiers in ministries and institutions, according to TB Hasanuddin, the TNI Law that is currently in effect regulates that the military can only be placed in 10 ministries and institutions. However, in its development, post-reformation, four laws emerged in which active TNI soldiers can also enter institutions such as the Maritime Security Agency (Bakamla), the National Border Management Agency (BPPN), and so on. The idea arose whether or not active TNI soldiers should also be placed in those ministries and institutions.

"We will also discuss this matter. Later, if it has been approved outside the ministry and the institution, then he must retire," he said.

Meanwhile, the Civil Society Coalition for Security Sector Reform said that the accelerated discussion meeting on the TNI Bill at the 5-star luxury hotel Fairmont Jakarta on Friday-Saturday hurt the people. This is because, previously, Deputy Speaker of the DPR Adies Kadir had said that the TNI Bill would not be passed before the DPR recess period, March 21. Adies even said that the ratification of the TNI Bill could only be done at the earliest during the next session period.

"In the midst of public attention to the revision of the TNI Law, the government and the DPR have instead chosen to discuss the bill behind closed doors at a luxury hotel over the weekend. We view this move as a form of low commitment to transparency and public participation in the drafting of regulations that have a broad impact on the governance of state defense," said coalition spokesman Ardi Manto Adiputra, who is also the Director of Imparsial.

The coalition also views this step as a form of low commitment to transparency and public participation in drafting regulations that have a broad impact on the governance of national defense.

In substance, the TNI Bill still contains problematic articles that threaten democracy and human rights enforcement in Indonesia. In addition, the agenda of revising the TNI Law will actually weaken the professionalism of the military itself and has the potential to restore the dual function of the TNI where active military will be able to occupy civilian positions.

The expansion of the placement of active TNI in civilian positions is not in accordance with the principles of TNI professionalism and risks giving rise to problems, such as the exclusion of civilians from civilian positions, strengthening military dominance in the civilian sphere and policy-making, and dual loyalty.

The Civil Society Coalition assessed that the move to hold the meeting in a luxury hotel not only shows a low commitment to transparency and public participation, but also goes against the budget efficiency policy being promoted by the government.

"The Indonesian government seems to have no shame and is just ranting amidst budget efficiency efforts, as well as encouraging state spending savings, even reducing the allocation of funds for important sectors, including education and health," he stressed.

The discussion of the revision of the TNI Law which was carried out secretly in a luxury hotel was also considered to lack transparency, accountability and public participation. Moreover, the discussion was carried out on the weekend and in a short time at the end of the DPR recess period.

The coalition also firmly stated that it rejects the draft TNI Bill and the DIM of the TNI Bill submitted by the government to the DPR because they contain problematic articles and have the potential to restore the dual function of the TNI and militarism in Indonesia.