Discussion Lacks Public Participation, Komnas HAM Asks for Ratification of TNI Bill to be Postponed

JAKARTA, KOMPAS – The National Human Rights Commission or Komnas HAM assessed that the process of discussing the revision of Law Number 34 of 2004 concerning the TNI was not transparent and had minimal public participation.

This is contrary to the principle of forming democratic and human rights-based legislation. Therefore, Komnas HAM urges that the planned ratification of the TNI Bill tomorrow be postponed.

This was conveyed by Komnas HAM member Anis Hidayah when delivering Komnas HAM's response to developments in the revision of the TNI Law, in Jakarta, Wednesday (19/3/2025).

Not only the TNI Bill, Komnas HAM is pushing for all Draft Laws (RUU) discussed by the DPR to be carried out transparently and provide meaningful public participation space for every citizen who wants to express their views.

Chairperson of the National Human Rights Commission, Atnike Nova Sigiro, added that based on the results of the National Human Rights Commission's study of the revision of the TNI Law, the expansion of civilian positions for the military could also pose a risk of human rights issues.

"For that reason, from the start we have recommended mitigating the emergence of undesirable excesses from the expansion of civilian positions for the TNI," said Atnike.

In the TNI Bill that will be requested for approval to be ratified into law tomorrow, there are five additional agencies whose positions 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.

Atnike also saw that the rapid process of discussing the revision of the TNI Law received a lot of public attention, criticism, and concerns about the erosion of civilian supremacy. Therefore, Komnas HAM reiterated its hope that the process of discussing the revision of the TNI Law would be extended, so that what became the aspirations and concerns of the public could be discussed further in a less rushed time.

According to Abdul Haris Semendawai, Deputy Chairperson for External Affairs of the National Commission on Human Rights (Komnas HAM), there are several fundamental issues that risk impacting human rights, civilian supremacy, and democratic principles in the Draft Bill on the Armed Forces (RUU TNI).

"The drafting of the revision of the TNI Law was not preceded by a comprehensive evaluation of the implementation of Law No. 34 of 2004 concerning TNI, which is currently in effect. This hinders the identification of truly urgent and relevant needs for change," he said.

In addition, the TNI Bill was drafted with limited space for civil society participation, a lack of transparency that is contrary to the principles of the formation of democratic and human rights-based legislation as regulated in Article 96 of Law Number 12 of 2011 concerning the Formation of Legislation.

"This study confirms that the revision of the TNI Law must be based on the principles of human rights, civil supremacy, and democratic governance. Without thorough evaluation and meaningful public involvement, this change risks reinstating practices that are contrary to the principles of governance based on democracy and the rule of law," he explained.

He also reminded that the dual-function practice of the military contradicts the Decree (TAP) of the People's Consultative Assembly Number VII/MPR/2000 regarding the role of the military and the police, as well as the principle of civilian supremacy in a democratic state.

"The MPR Decree emphasizes that the TNI is part of the people, born and fighting alongside the people to defend the interests of the nation, serving as the main component in the national defense system," he added.

However, in the current discussion of the TNI Bill, Komnas HAM has noted a change that allows active TNI personnel to hold positions in 15 ministries or civilian institutions.

Another issue that has attracted Komnas HAM's attention is the extension of the retirement age for TNI soldiers, which is considered to be at risk of causing stagnation in leadership regeneration, budget inefficiency, and accumulation of personnel without clear assignments.

"The proposed amendments to Article 53 Paragraph 2 and Paragraph 4 will make the management of positions within the TNI organization political and slow down the regeneration of the body in the TNI," he added.

In the Draft Law on the Armed Forces (RUU TNI) that has been agreed upon by the factions, the article regarding the retirement age limit has been amended. The retirement age limit, which was previously divided into two clusters—58 years for officers and 53 years for enlisted personnel and non-commissioned officers—has now been changed to be based on rank.

The details are as follows: for non-commissioned officers and enlisted personnel, the maximum retirement age is 55 years; for officers up to the rank of colonel, the maximum retirement age is 58 years; for one-star senior officers, the maximum retirement age is 60 years; for two-star senior officers, the maximum retirement age is 61 years; and for three-star senior officers, the maximum retirement age is 62 years.

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

The National Human Rights Commission is of the view that the reason for guaranteeing soldiers' welfare cannot be answered solely by extending the retirement age of active soldiers, but through strengthening more comprehensive welfare guarantees starting from salaries and other allowances.

Based on these problems, Komnas HAM provides recommendations for lawmakers to evaluate the implementation of the current TNI Law, in its entirety. The government is also asked to conduct a comprehensive audit of the implementation of the TNI Law and the effectiveness of the TNI's role in the country's defense system before proposing regulatory changes.

Second, meaningful public participation in the legislative process or drafting of bills must be carried out transparently and inclusively by involving academics, civil society, and communities directly affected by this policy.

Third, Komnas HAM hopes that the government and the DPR will prevent the return of the TNI's dual function. The revision of the TNI Law must strengthen the professional role of the TNI in the security sector and strengthen civilian supremacy.

Finally, lawmakers are also asked to review the extension of the retirement age. The proposal to extend the service period of soldiers must consider the implications for the organizational structure of the TNI, leadership regeneration for the welfare and professionalism of the TNI, and the efficiency of the defense budget.

In addition, Komnas HAM is also monitoring the incident that occurred at the Fairmont Hotel, Jakarta, last Saturday, and the alleged intimidation of activists from the Security Reform Sector Civil Society Coalition who criticized the TNI Bill after the incident.

Komnas HAM requested that there be guarantees and protection of the right to freedom of opinion and/or expression in conveying aspirations for the revision of the TNI Law. The aspirations for the revision of the TNI Law, Komnas HAM emphasized, include the right to freedom of opinion and expression.

"Komnas HAM will also conduct an in-depth investigation to obtain data and facts regarding the incident as mandated and authorized by Komnas HAM in Article 89 Paragraph (3) of Law Number 39 of 1999 concerning the TNI," said Komnas HAM member Uli Parulian Sihombing.