Discussion Continues, Working Committee Crosses Out TNI's Role in KKP and Handling of Narcotics Abuse

JAKARTA, KOMPAS – The House of Representatives (DPR) and the government continue discussions on revising Law Number 34 of 2004 concerning the Indonesian National Armed Forces (TNI). Several changes have been agreed upon, including removing proposals regarding the role of the TNI in the Ministry of Maritime Affairs and Fisheries as well as assistance in handling narcotics abuse. These two new proposed roles have drawn criticism from civil society, as they are considered unrelated to the duties and functions of the TNI.

The removal was agreed upon during a meeting of the Working Committee on the Draft Bill for Amendments to the Military Law (TNI) of Commission I of the House of Representatives (DPR) and the government in a session held on Monday night (17/3/2025). "Initially, in the Draft Bill for the Military Law, the government proposed three new tasks. However, now there are only two proposals left," said Tubagus Hasanuddin, a member of the Working Committee on the Draft Bill for the Military Law of Commission I of the DPR, on Tuesday (18/3/2025).

The three new tasks were initially proposed to be added to Article 7, which regulates military operations other than war (MOOTW). The three proposals are: the military has the duty to assist and address cyber threats; the military can assist and rescue Indonesian citizens and national interests abroad; and the military has the authority to help address issues related to narcotics abuse.

"The TNI's authority to help handle the problem of drug abuse has been removed," said Hasanuddin.

Thus, the duties of the TNI in Military Operations Other Than War (MOOTW), which are regulated in 14 matters under Law No. 34/2004, were agreed upon to become 16 matters as of this Tuesday.

Not only that, Article 47, which regulates ministries and civilian institutions that can be filled by active TNI personnel, was also decided to change from the original agreement during the consignment meeting last weekend. Previously, the DPR's TNI Bill Working Committee and the government agreed to add six new ministries/institutions that could be filled by active personnel. This addition allows TNI personnel to be placed in 16 ministries/institutions.

However, according to Hasanuddin, the final working committee meeting decided to remove the proposal for the Ministry of Marine Affairs and Fisheries (KKP) as a civilian institution that could be staffed by TNI personnel. "So, previously, a total of 16 ministries/agencies were proposed, but now it has been reduced to 15. The Ministry of Marine Affairs and Fisheries (KKP) has been removed," he said.

The five additional agencies that continue to be proposed are 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).

Article 47 of the TNI Law previously regulated 10 ministries and institutions where active military personnel could be assigned. These ministries and institutions include the Coordinating Ministry for Political and Security Affairs, National Defense, the Presidential Military Secretariat, State Intelligence, and State Cryptography. Additionally, the National Resilience Institute, the National Defense Council, National Search and Rescue, National Narcotics, and the Supreme Court.

Hasanuddin explained that five additional institutions for active TNI soldiers were proposed in the TNI Bill to comply with the laws of related ministries/institutions. The role of the TNI in disaster management, for example, has been regulated in Law No. 24 of 2007 concerning Disaster Management. In fact, Presidential Regulation Number 1 of 2019 concerning BNPB was also issued where the TNI was involved as a directing element in disaster management.

Then, the role of the TNI in Maritime Security (Bakamla) has been regulated in Law Number 32 of 2014 concerning Maritime Affairs. The law regulates Bakamla's duties to conduct security and safety patrols in water areas. Presidential Regulation No. 178 of 2014 concerning Bakamla regulates the role of the TNI in conducting security and safety patrols in water areas.

The last working committee meeting decided to remove the proposal for the Ministry of Maritime Affairs and Fisheries (KKP) as a civilian institution that can be filled by TNI soldiers.

Then, the role of the TNI in managing the border is regulated in Presidential Regulation Number 44 of 2017 concerning Amendments to Presidential Regulation Number 12 of 2010 concerning the National Border Management Agency (BNPP). Article 6 of the Law regulates the TNI Commander as a member of the BNPP.

Likewise, the role of the TNI in combating terrorism. Article 43I Paragraph (1) of Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism regulates that the TNI's duties in combating acts of terrorism are part of military operations other than war.

Finally, the role of the TNI in the Attorney General's Office is also regulated in Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. The law regulates the position of Deputy Attorney General for Military Crimes.

"Meanwhile, outside of these positions, active soldiers can occupy other civilian positions after resigning from military service," he said.

In revising the TNI Law, not all articles will be revised. One article that will not be changed is Article 39. The article regulates the prohibition of TNI soldiers from becoming members of political parties and participating in practical political activities, business activities, and activities to be elected as legislative members in elections and other political positions.

"This article remains the same, TNI soldiers may not be members of political parties, be involved in business, or run for legislative positions and other political positions," he said.

Hasanuddin hopes that the new TNI Law can adapt to current developments without setting aside the principles of democracy and civil supremacy in government.

Previously, the rejection of the DPR and government's decision to revise the TNI Law continued to grow from civil society. One thing that the civil society coalition rejected was the expansion of military duties to handle narcotics. Reflecting on the Philippines, military involvement would lead to excessive violence.

"Involving the TNI in handling narcotics as regulated in the TNI Bill will make the TNI vulnerable to becoming a perpetrator of human rights violations, as happened in the case of Duterte's arrest in the Philippines by the ICC," said the Chairman of the Indonesian Legal Aid Foundation (YLBHI) Muhammad Isnur, Monday.

The placement of military personnel in civilian positions also carries the risk of creating problems. These range from the exclusion of civilians from civilian roles, military dominance in the civilian sphere, to the potential emergence of dual loyalties. One example of the dual function of the military, which according to civil society groups arises in the revision of the Military Law, is the placement of military personnel in the Attorney General's Office, which is a law enforcement institution.

Instead of revising the TNI Law, civil society believes that in the context of security reform, the government and the DPR should revise Law Number 31 of 1997 concerning Military Justice. This agenda is important because it is the state's constitutional obligation to implement the principle of equality before the law for all citizens.

A number of institutions and figures who are members of the Civil Society Coalition demanded that violations of the TNI Law be regulated. Not only that, they also urged active TNI members who hold positions outside those regulated in Article 47 Paragraph 2 of the TNI Law to immediately resign or take early retirement.

On the other hand, the civil society coalition assessed that the revision of the TNI Law would also legitimize the mobilization and expansion of TNI soldiers into domestic issues, such as free nutritious meals (MBG), food security, guarding oil palm plantations, implementing National Strategic Projects (PSN), and managing the Hajj pilgrimage.

On the contrary, the coalition urges the government and the DPR to modernize TNI defense equipment, improve the welfare of TNI soldiers, and pay attention to gender balance in the TNI organization.