Key Points of the TNI Bill, from Expansion of Civilian Positions for Soldiers to Retirement Age

If all goes smoothly, the revision of Law Number 34 of 2004 concerning the TNI will be proposed for approval to become law during the DPR Plenary Meeting on Thursday (20/3/2025). As previously stated by the government and DPR, the revision is limited to several articles, including those regulating the position of the TNI institution, the retirement age of soldiers, and matters related to the placement of TNI members in civilian positions.

How complete are the revision points in the TNI Bill?

Referring to the TNI Bill document that has been approved and ratified at the first level by Commission I of the DPR and the government, Tuesday (18/3/2025), the first change is in Article 3 Paragraph 2.

If it originally read, "in defense policies and strategies as well as administrative support, the TNI is under the coordination of the Ministry of Defense", in the TNI Bill it was revised to read, "defense policies and strategies as well as administrative support related to aspects of TNI strategic planning, are under the coordination of the Ministry of Defense".

In the explanation of the article in question, it is explained that what is meant by under the coordination of the Department of Defense is everything related to strategic planning which includes aspects of national defense management, budgeting policies, procurement, recruitment, management of national resources, and development of defense industry technology required by the TNI and other defense components. Meanwhile, development of TNI strength related to education, training, preparation of strength, military doctrine is under the TNI Commander assisted by the Chiefs of Staff of the Armed Forces.

This explanatory section is exactly the same as the explanation of Article 3 Paragraph 2 of Law No. 34/2004. What is different is that in the explanation of the old TNI Law article, it is stated that in order to achieve effectiveness and efficiency in managing national defense, in the future the TNI institution will be in the Department of Defense. This section is missing in the TNI Bill.

The second change is in Article 7 through the addition of the number of military operations other than war (OMSP) coverage from the original 14 to 16. The addition is the authority to assist in efforts to overcome cyber threats; as well as helping to protect, save citizens and national interests abroad.

Specifically, cyber threat management refers to the defense sector (cyber defense). While the diction helps the TNI's authority related to saving citizens and national interests abroad, emphasizing that the TNI's role is only to participate.

In addition, the basis for implementing OMSP in the TNI Law has also been changed.

If initially the implementation of OMSP was based on state policy and political decisions, in the TNI Bill it was changed to, "the implementation of OMSP will be further regulated by government regulations or presidential regulations". However, this does not apply to OMSP to assist the Police in the context of security and public order duties as regulated by law.

The article that regulates this is an additional article, stated in Article 7 Paragraph 4 of the TNI Bill.

The revision of the TNI Law also touches on Articles 8-10 concerning the duties of the Indonesian Army (AD), Navy (AL), and Air Force (AU).

In Article 8 Paragraph 2, the contents of the TNI AD's duties in the defense sector will be further regulated by government regulations. Likewise, changes to Article 9 regarding the duties of the TNI AL and Article 10 regarding the duties of the TNI AU. The defense sector duties of the TNI AL and TNI AU will also be further regulated through government regulations.

Furthermore, the TNI Bill contains changes to Article 47 which regulates positions in ministries/institutions that can be filled by active soldiers.

The revised Article 47 Paragraph 1 states that soldiers can hold positions in ministries/institutions that oversee the coordination of national politics and security, national defense including the national defense council, the state secretariat that handles presidential secretariat affairs and the president's military secretariat, as well as state intelligence.

In addition, soldiers can also hold positions in ministries/institutions that handle cyber and/or state codes, national resilience institutions, search and rescue, national narcotics, border management, disaster management, counter-terrorism, maritime security, the Indonesian Attorney General's Office, and the Supreme Court.

There are five more positions in this ministry/institution than those listed in Law No. 34/2004.

The additions are specifically in agencies that handle disaster management, counter-terrorism, maritime security, the Attorney General's Office, and border management. Specifically in the Attorney General's Office, in the explanation of Article 47 Paragraph 1 it is stated that positions in the Indonesian Attorney General's Office that can be filled by active soldiers are positions in the Indonesian Attorney General's Office in the field of military crimes.

Not only that, the nomenclature of several agencies in the TNI Bill was also changed. For example, in Law No. 34/2004, it is mentioned that the position in the office in charge of the President's Military Secretary can be filled by active soldiers. However, in the TNI Bill, it is mentioned that the state secretariat handles the affairs of the presidential secretariat and the presidential military secretariat.

Then in Article 47 Paragraph 2 it is also emphasized that in addition to holding positions in ministries/institutions in the 15 agencies, soldiers can also hold other civilian positions after resigning or retiring from active military service.

Finally, the TNI Bill contains changes to Article 53 regarding the retirement age of future and current soldiers. In Law No. 34/2004, soldiers carry out military service until the maximum age of 58 years for officers, and 53 years for non-commissioned officers and privates.

As for the TNI Bill, the retirement age looks at the rank. The retirement age for non-commissioned officers and privates is up to 55 years. Officers up to the rank of colonel are up to 58 years. While 1-star officers are up to 60 years old, 2-star officers are up to 61 years old, and 3-star officers are up to 62 years old.

There is also an addition regarding soldiers who hold functional positions can carry out military service in accordance with existing laws and regulations. Then the 4-star high-ranking officers have a maximum retirement age of 63 years and can be extended a maximum of two times according to the president's needs. The provision is, one extension for one year.

In addition, officers who have reached retirement age and meet the requirements can be recruited as reserve component officers (komcad) for mobilization purposes. Further regulations regarding the period of military service and recruitment of officers who have entered retirement age to komcad will be regulated through government regulations.

On the other hand, the TNI Bill also explains the fate of soldiers who are approaching retirement age when the regulation comes into effect.

For non-commissioned officers and privates, those aged 52 years old are eligible for a maximum service period of 53 years, while those aged 51 years old are eligible for a maximum service period of 54 years. Meanwhile, those under 51 years old are eligible for a maximum retirement age of 55 years.

For one-star officers who are 57 years old when the TNI Bill comes into effect, the maximum retirement age is 58 years old, while those who are 56 years old can retire at the latest at 59 years old. Meanwhile, one-star officers who are not yet 56 years old can still retire up to the age of 60 years old. Similar calculations also apply to 2-star and 3-star officers, but with a calculation of one year longer for 2-star and two years longer for 3-star.

Due to a number of points of revision, there was rejection from a number of civil society groups, student movements, and also the National Human Rights Commission (Komnas HAM).

The demonstration of rejection by community groups has been held at the DPR Building, Jakarta, ahead of the DPR Plenary Meeting for the ratification of the TNI Bill, tomorrow. The rejection mainly stems from concerns about the return of the TNI's dual function as in the New Order era due to the expansion of civilian positions for active soldiers. Rejection was also conveyed because of the change in the extension of the retirement age.

Despite the rejection voiced by various groups, the government and the DPR do not plan to change the schedule for ratification in the plenary session. On Wednesday (19/3/2025) evening, an invitation to a plenary meeting of the DPR was circulated, addressed to the leadership and members of the DPR. The invitation stated that the first agenda of the plenary meeting, which would begin at 09.30 WIB, was level II discussion/decision-making on the TNI Bill.

Chairman of Commission I of the House of Representatives Utut Adianto, after a meeting of the leadership of the House of Representatives and Commission I of the House of Representatives with President Prabowo Subianto, Wednesday, said that the President had approved the TNI Bill. "Well, there are no problems at all," said Utut.