TNI Bill Formation Process Considered Problematic, Civil Society Opens Opportunity to File Judicial Review to MK

JAKARTA, KOMPAS – Civil society and students continue to move to reject the implementation of the new TNI Law because it is considered to restore the dual function of the TNI and threaten civilian supremacy. Efforts to file a judicial review or material test to the Constitutional Court are still being studied.

It is known that the TNI Bill was ratified by the House of Representatives during the Plenary Session of the House on Thursday (20/3/2025). The ratification was marked by demonstrations from students and civil society groups in Jakarta and several other major cities. This TNI Bill has been rejected by various groups due to concerns that certain provisions within it could potentially restore the dual function of the TNI as seen during the New Order era.

Researcher from the Center for Indonesian Law and Policy Studies (PSHK), Fajri Nursyamsi, stated that the opportunity to file a judicial review or material test to the Constitutional Court (MK) against the newly ratified draft of the TNI Law will be explored. Currently, the civil society coalition is preparing for this, including gathering substantial evidence that the draft law was discussed haphazardly in a formal sense.

Another step is that the coalition will pursue the route of filing complaints about ethical violations by DPR members to the DPR Honorary Council. This is because the discussion of the TNI Bill disregarded procedures outlined in the DPR's Rules of Order.

His party will not urge President Prabowo not to sign the law. This is because the signing process is merely an administrative procedure, and the political decision regarding the ratification of the TNI bill has already been made. The political decision is believed to have received approval from Prabowo.

"That is also why we do not believe the narrative or statements from ministers and various parties claiming that the TNI Bill was not pushed by the President. If that were truly the case, its discussion would not have been forced, nor would extraordinary security measures have been taken, ultimately leading to clashes with the public," he said when contacted on Friday (21/3/2025).

PSHK provided notes on the discussion of the TNI Bill. The first note is that the TNI Bill was approved as a priority bill in the 2025 National Legislation Program during the plenary session on February 18, 2025, which initially did not schedule this matter. The change in the agenda or meeting schedule was not carried out in accordance with the mechanism outlined in Article 290 Paragraph (2) of DPR Regulation Number 1/2020 concerning the Rules of Procedure of the DPR, which states that changes to the meeting agenda must be submitted in writing two days before the meeting is held.

The TNI Bill was reportedly decided to be included in the 2025 National Legislation Program without consideration from the Legislative Body of the DPR (as stipulated in Article 66 letter f of the DPR Rules of Procedure). This consideration is crucial because it needs to be proven whether the revision of the current TNI Law truly holds urgency compared to other priority bill agendas, such as the mandate for the establishment of the Military Judiciary Law, the Asset Confiscation Bill, or the Indigenous Legal Communities Bill; thereby necessitating changes to the 2025 National Legislation Program. Consideration is required as a basis for decision-making to achieve the principle of accountability.

The 2025 amendment legislative program, which includes the TNI Bill, was also not disseminated by the Legislative Body of the DPR, as mandated by its duties under Article 66 letter l of the DPR Rules of Procedure. This has disadvantaged the public, especially since the discussion was conducted so quickly within a single session period.

The second note from PSHK, the discussion of the TNI Bill is considered to have bypassed the drafting stage in the process of forming laws as mandated in Chapter V of Law Number 12/2011 concerning the Formation of Legislation.

The process of forming the TNI Bill skipped the drafting stage because the President's letter appointing a government representative in the discussion of the Bill had already existed since February 13, 2025 or before the TNI Bill was included in the 2025 Prolegnas (planning stage) on February 18, 2025. The President's letter then became the beginning of the discussion stage between the DPR and the government, which began with a working meeting on March 11, 2025.

This condition allows if the TNI Bill is a carry over Bill, namely continuing the discussion in the 2019-2024 DPR period. However, the TNI Bill is not a carry over Bill according to what is stated in the DPR Decree Number 64/DPR RI/I/2024-2025 concerning the 2025 Priority Bill Prolegnas and the 2025-2029 Priority Bill Prolegnas.

Third, PSHK assessed that the TNI Bill was not transparent in its discussion, which resulted in the blocking of public participation space. The draft of the TNI Bill was never officially disseminated by the DPR. As a result, the public was unable to participate meaningfully.

The Central Coordinator of BEM Seluruh Indonesia Herianto said that students will continue to speak out and move. One of them is to gather a larger mass or movement in opposing the ratification of the TNI Bill.

"We will also take legal action to ask the Constitutional Court to conduct a judicial review," he said.

PARA Syndicate Executive Director Virdika Rizky Utama assessed that the ratification of the revised TNI Law allows the dual function of the TNI, which has been removed, to return. This is a step backwards for democracy and civil supremacy that have been fought for since the 1998 reformation.

We will also take legal action to ask the Constitutional Court to conduct a judicial review.

He urged that public pressure through civil movements continue to be carried out. Amid the betrayal of the DPR and the government towards Reformasi, the public must continue to speak out against the implementation of this law and all forms of the return of militarism to the civilian sphere.

"Pressure from the public, media and academic community must continue to be strengthened so that this law does not further narrow democratic space," he said.

In addition, accountability and supervision of the TNI are also carried out. By providing wider access to the TNI in civil government, the public must be more active in monitoring the running of government and controlling potential abuse of power by the military.

“Democracy must not be allowed to slowly collapse before our eyes. If the public remains silent, then this ratification is only the beginning of a greater decline. PARA Syndicate stands with the people in defending civilian supremacy and rejects any return of militarism to civilian rule,” he said.

Meanwhile, House Speaker Puan Maharani emphasized that the discussion of the TNI Bill has fulfilled all the principles of legality. In fact, the Chairperson of the PDI-P DPP claimed that the process of forming this law was carried out openly and had listened to public participation.

Democracy must not be allowed to slowly collapse before our eyes. If the public remains silent, then this endorsement is just the beginning of a bigger setback.

Now, after being approved by the DPR through a plenary session, it is up to the President to give his political decision by signing the revised TNI Law. If the President signs it, it means that the President agrees to the Law politically. However, if he does not agree politically, the Law will remain in effect after 30 days of being approved in a plenary session.