Despite Agreeing on the Ratification of the TNI Bill, These are the Notes of Several Factions in the DPR

All factions in Commission I of the House of Representatives have unanimously agreed to bring the revision of Law Number 34 of 2004 concerning the Armed Forces to the House of Representatives Plenary Session for approval to be enacted into law. Although the legislative process for the Armed Forces Bill has proceeded smoothly, several notes were conveyed by the factions. It is hoped that once the Armed Forces Bill is enacted, these notes will be taken into consideration by the government.

The note was conveyed by the Nasdem Party faction in Commission I of the House of Representatives through its member, Andina Thresia Narang. Nasdem provided at least five points regarding the Military Bill (RUU TNI) that will be brought to the House of Representatives Plenary Meeting tomorrow.

The notes in question consist of the continued upholding of civilian supremacy, the selection of soldiers for placement in civilian positions, early retirement age, the role of military diplomacy, parliamentary oversight in Military Operations Other Than War (MOOTW), the placement of soldiers in civilian domains, and the strengthening of military diplomacy.

According to Andina, the principle of civilian supremacy must serve as the main foundation in the reform of the TNI. Any changes in regulations must continue to uphold the principles of accountability, transparency, and healthy civil-military relations within a democratic system.

"The supremacy of law and supervision of civil institutions are useful to avoid deviations in the implementation of TNI duties that have the potential to disrupt the democratic order and good governance (Good Governance)," he explained in a statement received in Jakarta, Wednesday (19/3/2025).

The professionalism of the Indonesian National Armed Forces (TNI) also needs to be enhanced through the role of military diplomacy across all branches of the TNI, including the Army, Navy, and Air Force. This is also a strategic step to strengthen international cooperation and support Indonesia's independent and active foreign policy.

"The TNI is expected to play a more active role in fostering mutual trust/Confidence-Building Measures (CBM) with friendly nations, strengthening interoperability with global defense partners, and enhancing Indonesia's contribution to world peace missions," he stated.

The Nasdem faction, Andina continued, also emphasized that the placement of military personnel in civilian institutions must go through a selective, objective, and transparent mechanism. The selection, she added, must be conducted through a competency-based selection process (open recruitment), the establishment of clear qualifications, meritocracy, and independent supervision.

Andina also emphasized the importance of regular evaluation of soldiers in the civil service. Soldiers “outside the barracks” must carry out their duties based on the country’s strategic needs, not as an instrument of short-term political interests.

"This is done to avoid misuse of policies for political interests or certain groups," said Andini.

In the TNI Bill that will be requested for approval to be ratified into law tomorrow, there are positions in five additional agencies that can be filled by active soldiers, including the National Disaster Management Agency (BNPB), the National Counterterrorism Agency (BNPT), the Maritime Security Agency (Bakamla), the Attorney General's Office, and the National Border Management Agency (BNPP).

Previously, positions in 10 ministries and institutions that can be filled by active soldiers have been regulated. These ministries and institutions include the Coordinator for Political and Security Affairs, National Defense, the Presidential Military Secretariat, State Intelligence, and State Cryptography. In addition, the National Resilience Institute, the National Defense Council, the National SAR, the National Narcotics, and the Supreme Court.

The adjustment of the military service age is also a concern of the Nasdem Faction. Andina explained that the adjustment must pay attention to leadership regeneration, organizational balance, and fiscal implications for the APBN.

"The policy of increasing the retirement age must be supported by a strategic study that considers its impact on the organizational structure, promotion of young officers, and efficiency of defense spending. This is to avoid a surplus of non-job officers that can hamper the dynamics of leadership within the TNI," he said.

In the TNI Bill that has been agreed upon by the factions, the article on the retirement age limit has been changed. From the original retirement age limit divided into two clusters, namely 58 years for officers and 53 years for privates and non-commissioned officers, it has been changed to be based on rank.

Namely, non-commissioned officers and privates with the highest retirement age of 55 years; officers up to the rank of colonel with the highest age of 58 years; one-star high-ranking officers with the highest age of 60 years; two-star high-ranking officers with the highest age of 61 years; and three-star high-ranking officers with the maximum age of 62 years.

Apart from that, there are several other exceptions related to the service age. First, specifically for soldiers who hold functional positions, they can carry out the military service period stipulated by laws and regulations. Then, for four-star high-ranking officers or generals, the highest retirement age limit is 63 years and can be extended a maximum of two times a year as needed and stipulated by a Presidential Decree.

In addition, the Nasdem Faction also emphasized the importance of the DPR's supervisory role regarding decisions on Military Operations Other Than War (OMSP), strengthening military diplomacy, and the placement of soldiers in the civilian realm. This supervision is carried out so that the TNI's professionalism remains steadfast to civilian supremacy.

"To ensure its compliance with national interests and the principles of defense reform. This is done in order to maintain the supremacy of law, civil supremacy, and the principles of human rights (HAM)," said Andina.

In the Problem Inventory List (DIM) of the TNI Bill prepared by the government, the government proposed changes to the legal basis for the implementation of OMSP. If in the current TNI Law, the implementation of OMSP is based on state policies and political decisions, in the DIM of the TNI Bill it is written that the implementation of OMSP is further regulated by government regulations (PP) or presidential regulations (perpres).

In addition to the Nasdem Faction, the National Awakening Party (PKB) Faction also provided notes regarding the TNI Bill. There are at least six conditions proposed by the faction. The six conditions are that civil supremacy must be maintained, then restrictions on the placement of active soldiers in civilian positions, and the placement of soldiers in civilian positions is carried out through a transparent and independent selection process.

In addition, the affirmation of the retirement age limit for TNI soldiers must be proportional, the TNI's commitment to professionalism must be maintained, and the welfare of TNI soldiers must be a priority of state policy.

Member of Commission I of the DPR from the PKB Faction, Oleh Soleh, stated that the revision of the TNI must uphold the principle of civil supremacy in democracy, in accordance with the vision of the 4th President of the Republic of Indonesia, KH Abdurrahman Wahid or Gus Dur.

“Under Gus Dur’s visionary breakthrough, Indonesia succeeded in breaking the shackles of the military’s dual function and reaffirming the principle of civilian supremacy as a pillar of democracy,” he said.

Oleh also reminded, Gus Dur who is also the founder of PKB did not only revoke the military seat in parliament or separate the Police from the TNI. Gus Dur laid an ethical foundation, the TNI must be fully subject to the control of the civil government whose legitimacy comes from the people.

"Today, that valuable legacy is being tested. Amidst complex geopolitical dynamics and the pressure of national security needs, the TNI is required to remain consistent on the path of reform, professional in the field of defense, neutral from practical politics, and obedient to the constitution held by civilian authorities," he said.

Yesterday, all political party factions in Commission I of the DPR agreed that the TNI Bill be brought to the DPR Plenary Meeting to request approval for ratification into law, on Thursday, March 20, 2025.

The decision of the factions was taken during a working meeting of Commission I of the DPR with the agenda of discussing the first level of the TNI Bill at the Parliament Complex, Jakarta, Tuesday (3/18/2025). A total of eight parliamentary parties, namely the Indonesian Democratic Party of Struggle (PDI-P), Gerindra Party, Golkar Party, National Awakening Party (PKB), Nasdem Party, National Mandate Party (PAN), Prosperous Justice Party (PKS), and the Democratic Party, agreed to pass the TNI Bill.