Pros and Cons of TNI Bill Continue to Roll Ahead of Plenary Ratification

JAKARTA, KOMPAS – The pros and cons regarding the revision of the TNI Law continue to unfold ahead of the approval of the draft law or bill at the DPR Plenary Meeting tomorrow.

Former Minister of Defense during the era of Indonesia's 4th President KH Abdurrahman Wahid, Mahfud MD, believes that the TNI Bill is not as alarming as the public imagines. On the contrary, opposition from civil society has not ceased. This time, the International NGO Forum on Indonesian Development (INFID) has rejected the bill, arguing that the TNI Bill paves the way for the militarization of public institutions.

Mahfud assessed that the TNI Bill was not as scary as the public imagined because the revised material was still acceptable. "Congratulations on the struggle of CSOs (civil society), media, students who monitored this (revision of the TNI Law), until finally what came out was not at all as scary as expected. In my opinion, it is still acceptable, the latest result is quite fair," said Mahfud when asked for his views on the revision of the TNI Law, Tuesday (18/3/2025) evening.

Mahfud explained that the substance of the revision of the TNI Law is indeed not entirely ideal, as envisioned in the post-reform political design. However, it is also inaccurate to say that it restores the dual function of the TNI as in the New Order era. For instance, the current revision of the TNI Law does not return the TNI to a position where it can dominate roles such as regional heads and members of the legislature.

"I am grateful to media activists who continue to observe and follow this matter. Also, to civil society and NGOs that keep voicing their concerns to oversee the revision of the TNI Law. Students in various places who have held demonstrations, ensuring that the decision on the revision of the TNI Law does not align with the changes indicated by the politicians themselves. In my opinion, the outcome yesterday was actually good," he explained.

Several provisions appreciated by the Former Chief Justice of the Constitutional Court include the affirmation that the Commander of the Armed Forces is directly under the President. According to him, this has long been in effect and is reaffirmed in the Armed Forces Bill.

Another aspect regulated in the revision of the TNI Law is the coordination of the TNI for procurement of equipment and defense administration, which is coordinated by the Minister of Defense. This has also been in effect for a long time. However, during his tenure as Minister of Defense, each branch or force planned independently and then received approval from the Minister of Defense. Now, that mechanism has been reversed. The Minister of Defense determines what weapons will be purchased and even the placement of TNI personnel.

Another positive aspect observed in the TNI Bill is the reaffirmation that TNI members who wish to take up civilian positions must resign or take early retirement. This is particularly applicable to positions in ministries/agencies that are exempted in the TNI Bill.

In the Draft Law on the Armed Forces (RUU TNI), which is set to be approved as law tomorrow, there are five additional agencies where active personnel can be assigned, 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, 10 ministries and institutions were regulated where active soldiers could be placed. The 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.

"If the revision of the TNI Law is passed, it will actually overcome the current legal complications. Previously, all civilian positions could be taken by the TNI, the president could take steps to extend unilaterally and so on, that no longer exists," he said.

Mahfud also considered the addition of institutions that can be filled by soldiers to be appropriate. He gave an example in the Attorney General's Office, there is a position of Deputy Attorney General for Military Crimes (Jampidmil) which must be filled by active soldiers.

Another substance highlighted is the issue of increasing the retirement age of TNI soldiers. According to Mahfud, this has been discussed since he served as Minister of Defense. Many consider the TNI retirement age to be too low at 56-58 years old. This has also been challenged at the Constitutional Court when he was still the Chief Justice. However, the Constitutional Court stated that this was not the domain of the Constitutional Court, but the domain of the law makers (open legal policy).

When President Prabowo Subianto was still serving as Minister of Defense, according to Mahfud, this matter was also discussed.

"We talked (Prabowo and Mahfud), what if it was proposed that the retirement age of TNI soldiers be increased. I said that it could be. Because, in the United States alone, the retirement age of soldiers aged 62, 64, and 66 can even be extended to the age of 68. How come in Indonesia 58 soldiers have to retire," he explained.

The substance of the increase in the age of soldiers, Mahfud continued, is only binding within the internal scope of the TNI. This means that it has no effect in the political realm, and does not increase the political authority of the TNI outside the main tasks and functions of national defense.

Meanwhile, INFID Executive Director Siti Khoirun Ni’mah views the revision of the TNI Law as a dangerous step and towards the militarization of public institutions because it expands the scope of TNI assignments to 15 ministries/civilian institutions.

"In fact, currently there are many public institutions outside the 15 ministries that have been proposed, such as the Head of the Logistics Affairs Agency (BULOG), the Head of the Presidential Secretariat, and the Inspector General at the Ministry of Transportation and the Ministry of Agriculture," said Ni'mah.

This is contrary to two decades of reform efforts to promote military professionalism in the defense sector. The move is considered to be detrimental to Indonesia's hard-won democracy and to revive the TNI's dual function concept.

Institute for Research and Empowerment (IRE) researcher Dina Mariana assessed that the expansion of TNI's responsibilities occurred when Indonesia was facing development challenges in the form of poverty, development inequality, and high layoffs. Bribery and corruption scandals continue to occur in institutions affiliated with the TNI, as documented in the case of the procurement of the main weapons system (2016), the bribery case of the Ministry of Defense satellite corruption (2021) which resulted in state losses of 453 billion, and the bribery case of corruption of PT Asabri pension funds which reached Rp22.78 trillion.

"These corruption bribery cases show critical integrity and accountability issues within the TNI, and raise serious doubts about the TNI's ability to manage public funds effectively and responsibly in the civilian sector," Dina said.

From a development perspective, it is essential to have strong, transparent and accountable institutions to achieve sustainable development. This requires a clear separation of military and civilian functions, a commitment to meritocracy in the TNI’s internal promotion system, and effective anti-corruption mechanisms. The proposed revisions, by normalizing TNI involvement in civilian affairs and failing to fully address the problem of bribery and corruption, violate these basic principles.

Ongoing bribery and corruption, as well as the lack of transparency within the TNI, pose serious risks to the sustainability and success of development programs. Funds that should be used for development and public services, such as education and health, are instead diverted to bribery and corruption practices, thus hampering the potential for sustainable and equitable growth.

The financial implications of the revised TNI Law are also a major concern. The TNI’s extensive involvement in civilian infrastructure projects raises concerns about potential budget overruns and inefficient allocation of public resources, diverting funds from important development programs. Increased military spending, at the expense of vital social services, exacerbates socio-economic inequalities and hampers economic growth.

An evaluation of the 20 years of the TNI Law has also not been conducted and published to the public. The current revision of the TNI Law is seen as emphasizing technical matters and the distribution of public positions to the TNI rather than basing it on current global defense trends and needs such as cyber issues, their relevance to democracy and others.

Based on these things, INFID together with other civil society groups called for the cancellation of the revised law accompanied by a new commitment to ensure that the TNI complies with democratic principles.

Yesterday, all political party factions in the DPR agreed that the TNI Bill be brought to the DPR Plenary Meeting to request approval for ratification into law, on Thursday, March 20, 2025.

This was revealed in the DPR Commission I Working Meeting with the agenda of discussing the first level of the TNI Bill at the Parliament Complex, Jakarta, Tuesday (3/18/2025). A total of eight parliamentary parties, namely the Indonesian Democratic Party of Struggle (PDI-P), Gerindra Party, Golkar Party, National Awakening Party (PKB), Nasdem Party, National Mandate Party (PAN), Prosperous Justice Party (PKS), and the Democratic Party, agreed to the TNI Bill being passed.