Why is the TNI Guarding the Prosecutor's Office and How Does It Impact Law Enforcement?

Why does the TNI's protection of the prosecutor's office violate the constitution?

Mahfud MD in the Rosi program broadcast on Kompas TV on Thursday (15/5/2025) evening, reminded that if the security of the prosecutor's office by the TNI was made permanent, it could violate the constitutional and constitutional provisions of the 1945 Constitution. "For the prosecutor's office, I can understand, but for a short time, not forever," said Mahfud.

According to Mahfud, the reason for the security provided by the military is that the prosecutor's office is considered a national vital object, which is unreasonable. This is because the prosecutor's office is not a national vital object. Furthermore, the justification for security due to the establishment of Jampidmil is also unacceptable.

If the TNI is indeed more trusted than the police to secure the offices of the prosecutor's office due to conflicts between the police and prosecutors in handling cases, this should be addressed by the highest leadership. It should not lead to a lack of trust in security by the Polri.

The Chairman of the Attorney General's Commission, Pujiyono Suwandi, has directly inquired with Attorney General Sanitiar Burhanuddin regarding the security controversy. In that discussion, it was revealed that the security provided by the military was based on intelligence analysis. However, Pujiyono did not elaborate on the results of the analysis in question.

Why is the security of the prosecutor's office by the TNI vulnerable to influencing the independence of law enforcement?

The Civil Society Coalition for Security Sector Reform reminds that the security provided by the military to the prosecutor's office has the potential to affect the independence of law enforcement in Indonesia by mixing the defense functions held by the military with law enforcement authority.

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.

With these grounds, 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.

Therefore, the Coalition asked the TNI Commander to revoke the security order for the prosecutor's offices and restore the TNI's role in the defense sector.

Has the security of the prosecutor's office by the TNI started to be implemented?

During a demonstration urging the investigation of corruption cases in mining in front of the South East Sulawesi High Prosecutor's Office on Thursday (15/5/2025), personnel from the Army Command of Korem 143/Halu Oleo were seen among the internal security officers of the prosecutor's office. Together with the internal officers, they helped to block participants of the action who wanted to enter the office area.

Ten minutes later, representatives of the demonstration were received by the East Sulawesi High Prosecutor's Office. The TNI members were also seen attending the meeting, taking videos, and monitoring from the front door. There was no smile on their faces.

Nevertheless, according to the Head of the Legal Information and Public Relations Section of the South East Sulawesi High Prosecutor's Office, Dody, the presence of two military personnel in the area is not a new matter. This has been ongoing for approximately two years.

In Jakarta, specifically at the Attorney General's Office, security by the military has been evident since the beginning of May. At that time, dozens of military personnel transported by at least four military trucks began to guard the Attorney General's Office complex. Previously, security at the Attorney General's Office was carried out by internal security personnel, supplemented by several military personnel. The involvement of military personnel only occurred after the establishment of the Deputy Attorney General for Military Crimes.

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, as well as the presence of a police convoy surrounding the Attorney General's Office complex with cars 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.

How did the Attorney General's Office respond to criticism of the security of the prosecutor's office by the TNI?

The Head of the Legal Information Center of the Attorney General's Office, Harli Siregar, stated on Wednesday (14/5/2025) that the Attorney General's Office and the military have a memorandum of understanding containing eight points of agreement. One of the agreed points concerns the support provided by the military for the duties and functions of the Attorney General's Office. "Yes, one of them is in terms of security," he said.

Security at the prosecutor's office by military personnel follows the establishment of the Deputy Attorney General for Military Criminal Affairs (Jampidmil). In addition, the deployment of military personnel is also based on the Military Law.

Article 7 Paragraph 2 of Law Number 34 of 2004 regulates OMSP, one of which mentions the security of national vital objects that are strategic in nature. The Prosecutor's Office is referred to as part of the national vital objects that hold strategic value.

Support from the military in the prosecutor's office, according to Harli, is also unrelated to the law enforcement functions carried out by the prosecutor's office. "It is not (to secure) the process because our law enforcement here is independent. Therefore, there should be no concern that the presence of the military will lead to (intervention) in the prosecutor's office," said Harli.

How was the response from the TNI Headquarters?

The Head of the Public Information Division (Kabidpenum) of the TNI Information Center, Colonel Agung Saptoadi, stated that the assistance provided by the TNI to the prosecutor's office is part of the official cooperation between the TNI and the prosecutor's office as outlined in Memorandum of Understanding Number NK/6/IV/2023/TNI dated April 6, 2023.

The scope of the cooperation includes education and training, information exchange for the purposes of law enforcement, the assignment of TNI soldiers within the prosecutor's office, the assignment of prosecutors as supervisors in the TNI Attorney General's Office, as well as support and assistance from TNI personnel in the execution of the duties and functions of the prosecutor's office.

Cooperation also includes support for the military in the fields of civil and state administrative law, which encompasses legal assistance, litigation and non-litigation legal aid, law enforcement, and other legal actions. In addition, the cooperation also covers technical coordination of investigations and prosecutions as well as handling connectivity cases.

All the support from the military, according to Agung, is carried out based on official requests and measurable needs, while still adhering to applicable legal provisions. He stated that the military consistently upholds the principles of professionalism, neutrality, and inter-agency synergy. Security is also part of the implementation of the military's main duties in accordance with the mandate of the law to protect all Indonesian citizens from threats and disturbances to the integrity of the nation and state.