Law Minister Forced to Meet Protesters Rejecting TNI Bill

JAKARTA, KOMPAS – Ahead of the ratification of the draft TNI Law, protests rejecting the revision of Law Number 34/2004 continue to unfold. The protests were organized by activists and students at the MPR/DPR building on Wednesday (19/3/2025). In fact, Minister of Law Supratman Andi Agtas, who was about to enter the Pancasila Gate at the Parliamentary Complex, was forced out of his vehicle to meet with the student demonstrators.

Initially, the convoy of vehicles consisting of the car carrying Supratman and the escort vehicle was about to pass in front of the Pancasila Gate. However, protesters who had already crowded the area forced the convoy to stop and demanded Supratman to step out of his vehicle.

Amid the crowd, Supratman finally emerged and was escorted near the Pancasila Gate. There, Member of Commission XIII of the House of Representatives from the Indonesian Democratic Party of Struggle (PDI-P) faction, Vita Ervina, who had also been intercepted moments earlier, was already present.

The demonstrators wearing university alma mater jackets listened to Supratman's explanation regarding the dynamics in the revision of the TNI Law. Repeatedly, they demanded that the draft of the TNI Law not be passed, as it was considered to undermine civilian supremacy.

In fact, some individuals have exchanged remarks regarding the placement of military personnel in civilian positions, such as Major General Novi Helmy Prasetya, who serves as the President Director of Bulog, and Lieutenant Colonel Teddy Indra Wijaya, who holds the position of Cabinet Secretary. They believe that these roles are civilian authorities and should not be occupied by active military personnel.

"The plan, sir, is to provide free nutritious food. But what if the food is not tasty and then the soldiers beat them?" said one of the protesters in front of Supratman.

“There is no such thing. This does not exist,” Supratman calmly denied.

He then explained that all soldiers in institutions outside the provisions of the law would cease their military service and retire.

Agencies that can be staffed by these personnel include those coordinating the fields of politics and national security, including the National Defense Council; the state secretariat handling presidential affairs and the presidential secretariat; national intelligence; as well as the National Resilience Institute.

In addition, the fields of cyber and/or state codes, search and rescue, national narcotics, border management, disaster management, counter-terrorism, maritime security, the Attorney General's Office of the Republic of Indonesia, and the Supreme Court.

Supratman tried to calm the masses by stating that all institutions that could be filled with soldiers were not involved in practical politics as the students had said.

"If you look at the 14, none of them have entered the political realm. The military secretariat has also long been filled by active soldiers. It has been said, if outside of that, they will be required to resign. I mean, in the end it will be seen who does not meet the requirements," said Supratman.

The meeting ended with Supratman reading a written statement from Trisakti University students. In this statement, it was stated that the TNI Bill had an impact on weakening civilian supremacy to the return of the TNI's dual function.

"As part of the reform, students hereby firmly state their demands to reject all draft revisions to the TNI Law, remove and stop TNI soldiers in civilian positions, and realize civilian supremacy," said Supratman, reading the students' statement.

Trisakti University Student President Faiz Nabawi Mulya stated that his party demanded the cessation of the TNI Law revision process because it was considered to be damaging democracy. Students will return to the DPR building with a larger number of people if the TNI Law revision continues.

As part of the reform, students hereby firmly state their demands to reject all draft revisions to the TNI Law, remove and stop TNI soldiers in civilian positions, and realize civilian supremacy.

Meanwhile, in an online press conference of the Civil Society Coalition for Security Sector Reform, Wednesday (19/3/2025), Gina Sabrina from the National Indonesian Legal Aid Association (PBHI), said that the TNI Bill that will be passed by the DPR still contains problematic articles that can threaten democratic life, the rule of law, and human rights. One of the highlights is the expansion of civilian positions by TNI soldiers as contained in Article 47 of the draft TNI Bill.

"We believe that the TNI Bill drafted by the Working Committee will still restore the dual function of the TNI, namely through the placement of civilian positions for active military officers and excessive operations other than war with an involvement mechanism that eliminates civilian control (not over state political decisions)," said Gina.

The coalition assessed that the expansion of the placement of active soldiers in civilian institutions was not in accordance with the principles of TNI professionalism. It also risks causing problems, such as the exclusion of civilians from civilian positions, strengthening military dominance in the civilian sphere, and triggering dual policies and loyalties. Not only that, the provision also seizes civilian positions and marginalizes ASN and women in accessing strategic positions.

In the draft of the TNI Bill regarding the expansion of civil positions, it is also considered to be still general. For example, there is no confirmation that active soldiers in the Supreme Court (MA) are only limited to the military chamber or not. Then, active TNI soldiers can also enter the state secretariat, even though active TNI should be sufficient in the military secretary.

"The only things that have changed and been removed in the bill are the Ministry of Maritime Affairs and Fisheries and the position in the Attorney General's Office, which is only the Jampidmil position," said Gina.

The coalition also highlighted the elimination of state political policies in Article 7 Paragraph (3) of the TNI Bill. The TNI Bill will eliminate the clause on military involvement in military operations other than war (OMSP) without requiring DPR approval. The TNI wants military operations other than war to be regulated in Government Regulations.

"In fact, such operations are part of the state's political policy, namely the President with consideration from the DPR as regulated by Article 7 Paragraph (3) of Law Number 34/2004," said Gina.

The coalition assessed that the TNI Bill that wanted to eliminate the role of parliament as a representative of the people would actually create a conflict of authority with other institutions in dealing with domestic problems. Implicitly, the change in the article was a form of takeover of the authority of the people's representatives by the TNI in the OMSP and eliminate civilian control.

"We consider that this revision is only to legitimize the mobilization and expansion of the involvement of TNI soldiers in domestic issues such as Free Nutritious Meals (MBG), distribution of LPG gas, food security, guarding oil palm plantations, implementing National Strategic Projects (PSN) as well as regulating and guarding forest areas and even managing the Hajj pilgrimage," said Gina.

Finally, the coalition also rejected the new duties of the Indonesian Army as stipulated in Article 8 letter b of the TNI Bill. The new duties of the Indonesian Army to maintain land security are very flexible and open to multiple interpretations.

With the involvement of the Indonesian Army in land security, it is considered that it will cause overlapping tasks with other institutions that maintain public security and order. This will also bring the role of the Indonesian Army as in the past which can maintain domestic security such as facing student action groups, labor and farmer protests, and being involved in handling environmental and agrarian conflicts.

"This is very dangerous and threatens freedom of expression and opinion because the expression of civil liberties will be faced by the military. Whereas the essence of the formation of the military is for war, not to face the people," said Gina.

Therefore, the Civil Society Coalition rejects the TNI Bill that will be passed by the DPR because it contains problematic articles and has the potential to restore the dual function of the TNI and militarism in Indonesia.

The civil society coalition instead urged the government and the DPR to modernize defense equipment and improve the welfare of TNI soldiers. The TNI Bill is also considered to have killed the TNI's adaptive ability to external threats.

The government and the DPR are also asked to pay attention to gender balance in the TNI organization which includes increasing the representation of women in various strategic positions, eliminating structural barriers in military careers, and ensuring a safe and discrimination-free work environment in order to realize the professionalism of the TNI as a national defense tool.

Contacted separately, researcher at the Indonesian Center for Law and Policy Studies (PSHK) Fajri Nursyamsi stated that the civil society coalition is currently still focused on rejecting the ratification of the TNI Bill.

Fajri has also prepared a number of formal evidence that the TNI Bill was discussed not in accordance with the rules. Therefore, his party is also ready if it has to file a judicial review when this law is passed.

"We have not discussed a judicial review because we are still focused on the ratification of the TNI Bill tomorrow. However, if we have to have a judicial review at the Constitutional Court, we are also ready and have a lot of evidence that formally this bill was discussed haphazardly," he said.