Indonesia is a country of law. If the appointment of active TNI soldiers in various civilian positions outside the TNI Law is indeed necessary, there must be a change in the Law first.
11 Feb 2025 22:08 WIB · English
JAKARTA, KOMPAS – The development of national dynamics may drive the need for the placement of active TNI soldiers in various civilian positions. However, as a state governed by law, if these positions are outside those specified in the TNI Law, then there must first be an amendment to the TNI Law.
This was conveyed by Endriartono Sutarto on Tuesday (11/2/2025) during an interview regarding the controversy of TNI officers entering civilian positions that are not in accordance with TNI Law 34/2004. Endriartono, who served as the Commander of the TNI from 2002-2006, stated that, in principle, the prohibition for active TNI soldiers to hold positions outside those specified in the TNI Law is the nation's determination during the reform era to eliminate the TNI's function in practical political roles.
He stated that, of course, the dynamics of national life continue to evolve. In the process, it is possible that within these dynamics there is a need to place active TNI soldiers in certain positions outside those listed in the TNI Law.
It is possible. However, as a country of law, it would be better if this was done after the legal regulations were adjusted first.
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Endriartono, who was also the former legal counsel for Bibit-Samad in 2010, provided two conditions. First, the role is necessary for the interests of the wider community. Second, the task does not lead to the return of the military into practical politics.
"It is possible. However, as a country governed by law, it would be better if this is done after the legal regulations are adjusted first," said Endriartono.
Endriartono stated that if indeed the civilian positions for active soldiers are in conflict with Law No. 34/2004 on the Indonesian National Armed Forces, it would be better if the law is amended first.
The importance of this legal legitimacy was also conveyed by Anton Aliabbas, Head of the Center for Intermestic and Diplomatic Engagement (CIDE) at Paramadina University. This legal framework becomes crucial as a reference and guide for the TNI to operate and for the DPR to conduct oversight.
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According to Anton, the food security program should be determined through a state political decision, namely an agreement between the DPR and the Government. Thus there is detailed legal certainty regarding elements, duration, and financing.
In addition, the involvement of the TNI in food security matters should still be placed in the context of assistance tasks. Consequently, this involvement should be temporary.
This is because a number of studies have stated that long-term military involvement in civil affairs can affect the professionalism and preparedness of the military itself in facing the threat of armed war which can still occur at any time.
As reported, the Decree of the TNI Commander regarding the mutation as of January 31, 2025, promoted Major General Novi Helmy Prasetya to Commander General of the TNI Academy which is a Lieutenant General position. In the mutation, Major General Novi replaced Lieutenant General TNI Rudianto who was previously the Commander General of the TNI Academy and then became a high-ranking officer of the TNI AD Headquarters in order to retire. This was stated in the official release issued by the TNI Puspen, Monday (10/2/2025).
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Meanwhile, Minister of State-Owned Enterprises Erick Thohir appointed Major General Novi Helmy Prasetya as President Director of Perum Bulog. Novi replaces Wahyu Suparyono who previously served as president director since September 10, 2024 or served less than five months. (Kompas.id, 8/1/2025).
Referring to the timeline, Major General Novi was transferred from the Territorial Assistant to the TNI Commander to the position of Danjen Akademi TNI based on Kep/133/I/2025 dated January 31, 2025 which was announced on February 10, 2025. The appointment of Major General Novi as Bulog's President Director was stated in the Decree of the Minister of BUMN with Number: SK-30/MBU/02/2025 dated February 7, 2025.
Researcher who is also the Coordinator of the Defense, Security, and Conflict Cluster at the Political Research Center of the National Research and Innovation Agency (BRIN) Muhammad Haripin assessed that the two policies of government institutions, namely the TNI Headquarters and the Ministry of SOEs, were not in sync.
Haripin regretted the appointment of Novi as the Director of Bulog, even though he had previously served as the Commander of the TNI Academy. The reason is that this appointment in the civilian sector gives the impression that the position of Commander of the Academy is less strategic and prestigious.
Although the Commander of the Indonesian National Armed Forces has approved Novi's position at Bulog, the issuance of two decrees in close succession seems to sideline the interests of professionalism within the ranks of the Indonesian National Armed Forces officers.
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Commenting on this, Head of the TNI Information Center Major General Hariyanto said that there is a legal basis for the TNI, namely a memorandum of understanding. He said that the appointment of Major General TNI Novi Helmy as Bulog's President Director is part of the strategic cooperation between the TNI and BUMN which is based on a memorandum of understanding (MoU) between the two institutions, which has been implemented previously.
The cooperation agreement between the TNI and Bulog is in order to support the procurement of national rice and grain in 2025. This cooperation will utilize TNI warehouses spread throughout Indonesia to strengthen national food security.
The assignment of Major General Novi Helmy was carried out at the request of the Ministry of SOEs. Novi is considered to have extensive experience and networks up to the Babinsa level, which of course can support the strengthening of the national food security program.
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The TNI Commander has approved the request after considering the strategic aspects and contributions that Maj. Gen. Novi Helmy can provide at Bulog. "The TNI always supports policies that are oriented towards national interests, including maintaining food security as part of national security," Hariyanto said.
Hariyanto said, the position of Bulog's President Director is equivalent to echelon I, which in the TNI structure is equal to a three-star high-ranking officer. Currently, Major General TNI Novi Helmy Prasetya has been appointed as Commander General of the TNI Academy, will hold the rank of Lieutenant General or three stars, according to the existing decision.
"The administrative process for three-star high-ranking officers is still ongoing, and after the administrative process is complete, the next mechanism will be implemented in accordance with applicable provisions," said Hariyanto.
Writer:
Edna Caroline PattisinaEditor:
Cyprianus Anto Saptowalyono