TNI Commander: Active Soldiers Serving in Other Institutions Will Resign from TNI

Jakarta, Kompas – Active TNI soldiers serving in ministries or institutions must resign or take early retirement from TNI. TNI Commander General Agus Subiyanto emphasized that this is in accordance with the provisions of Law Number 34 of 2004 concerning TNI.

"Active TNI soldiers serving in Ministries or other Institutions will take early retirement or resign from active duty, in accordance with Article 47 of the TNI Law," said TNI Commander General Agus Subiyanto when asked by reporters on Monday (10/3/2025), after a cross-sectoral meeting regarding Eid al-Fitr 1446 Hijri at the Police Science College-PTIK.

Article 47 Paragraph 1 of Law Number 34/2004 states, "Soldiers may only hold civilian positions after resigning or retiring from active military service." Furthermore, Article 47 Paragraph 2 provides an exception, allowing active soldiers to serve in 10 ministries or state institutions.

Article 47 Paragraph 2 of Law Number 34/2004 states, "Active military personnel may hold positions in offices related to the coordination of the fields of State Politics and Security, National Defense, Presidential Military Secretariat, State Intelligence, State Cryptography, National Resilience Institute, National Defense Council, National Search and Rescue (SAR), National Narcotics, and the Supreme Court."

Separately, a researcher from the Political Research Center of the National Research and Innovation Agency (BRIN), Muhamad Haripin, expressed appreciation for Agus Subiyanto's statement. He assessed that this statement aligns not only with the Military Law but also with the National Defense Law.

According to him, the affirmation that active military personnel serving in state institutions must resign aligns with the spirit of the military (TNI) as a professional state apparatus. Professionalism here includes being well-trained, well-educated, equipped with good tools, not involved in practical politics or business, guaranteed welfare, and adhering to the state's democratic political policies while upholding human rights.

Based on the concept that the TNI serves as the main component of defense, Agus Subiyanto's statement is considered consistent in affirming that the TNI is a state defense instrument. He hopes that this consistency of the TNI will continue.

"This is also a positive step; the people appreciate a professional military. So, this is somewhat of a positive move following the recent accusations of militarization," said Haripin.

As previously reported, active TNI soldiers who hold civilian positions outside the 10 ministries/institutions that are allowed have drawn public attention. Moreover, there is a discourse to revise the TNI Law which expands civilian positions for active military.

It is recorded that at least 2,500 active TNI soldiers will occupy a number of civilian positions in 2023. This situation is believed to be able to disrupt the merit system in the bureaucracy as well as weaken the professionalism of the TNI (Kompas, 4/3/2025)

The number of active TNI soldiers holding civilian positions was revealed by senior researcher at Imparsial, Al Araf, while attending a hearing with Commission I of the House of Representatives (DPR) to discuss changes to Law Number 34 of 2004 concerning the TNI at the Nusantara II Building, Jakarta, Tuesday (4/3/2025).

"Data from Babinkum TNI in a discussion at the National Resilience Institute (Lemhannas) in 2023 revealed that there were 2,500 soldiers sitting in civilian positions. If the data is correct, this has exceeded what is regulated in the TNI Law," said Al Araf.

As representatives of the people, continued Al Araf, Commission I of the DPR should correct the placement of active TNI soldiers in civilian positions because there are already too many.

In addition to Al Araf, the House of Representatives Commission I hearing also presented Setara Institute Research Director Ismail Hasani. The meeting was held to discuss the draft revision of the TNI Law.

Previously, the Civil Society Coalition for Security Sector Reform on Thursday (6/3/2023) called for an end to discussions on the revision of the TNI Law which revives the dual function.

The coalition consists of Imparsial, YLBHI, KontraS, PBHI National, Amnesty International Indonesia, ELSAM, Human Rights Working Group (HRWG), WALHI, SETARA Institute, Centra Initiative, Jakarta Legal Aid Institute (LBH), Press Legal Aid Institute (LBH), Community Legal Aid Institute (LBH), and Surabaya Pos Malang Legal Aid Institute (LBH). There are also the Alliance for Papuan Democracy (ALDP), Public Virtue, Institute for Criminal Justice Reform (ICJR), Jakarta Alliance of Independent Journalists (AJI), Indigenous Peoples Defenders Association (PPMAN), BEM SI, and Dejure.

Active TNI soldiers who serve in other Ministries or Institutions will retire early or resign from active service, in accordance with Article 47 of the TNI Law.

The coalition criticized the draft bill they received, which contained a proposal to expand civilian positions that can be occupied by active TNI soldiers, outside of the 10 existing ministries/institutions. They considered that this could blur the boundaries between the military and civilian spheres. Moreover, this expansion risks eroding the principle of civilian supremacy in government and could lead to military domination in the civilian bureaucracy.