Many Active TNI Soldiers Enter Government, PDI-P: Violating TNI Law

JAKARTA, KOMPAS - The presence of several active TNI soldiers currently holding positions in the government has been criticized. Regardless of the reasons, the placement of active TNI soldiers in government positions remains a violation of Law Number 34 of 2004 concerning the TNI. Active soldiers must resign when assuming positions in the government, except for the 10 positions that have been regulated by law.

Criticism of active TNI soldiers serving in the government was, for the first time, expressed by the 6th President of Indonesia, who is also the Chairman of the Democratic Party's High Council, Susilo Bambang Yudhoyono. During his briefing to all Democratic Party cadres at his residence in Cikeas, Bogor, West Java, on Sunday (23/2/2025), Yudhoyono emphasized that active TNI soldiers must resign when entering the realm of politics or government. This is considered one of the main doctrines implemented during the ABRI reform era.

Yudhoyono even recalled the moment when his eldest son, who is also the Chairman of the Democratic Party, Agus Harimurti Yudhoyono, resigned from his military position to pursue a career in politics. The same thing, he continued, was also done in the past by several former active military officers when they shifted their paths to enter the government.

A member of Commission I of the House of Representatives (DPR) from the Indonesian Democratic Party of Struggle (PDI-P) faction, TB Hasanuddin, when contacted on Monday (24/2/2025), welcomed the affirmation conveyed by Yudhoyono. He also admitted to repeatedly reminding that there are only 10 positions in the government that can be filled by active officers without having to resign.

"It is not just once or twice; I have been reminding about this for 15 years. But over time, with all due respect, sometimes any president also ends up disregarding it," he emphasized.

According to Hasanuddin, if the state indeed requires active TNI officers to join the government for various considerations, the TNI Law must first be amended. However, such amendments must include provisions to ensure that the TNI can still uphold the principles of professionalism and remain apolitical.

"Moreover, if we return to the New Order, well that is not allowed. I have repeatedly emphasized that. Don't do anything, how can it be, if the law is violated or tampered with, tampered with, it is useless for us to make the law. The law is a national agreement for the national interest," said Hasanuddin.

As for the TNI Law, as regulated in Article 47 Paragraphs 1-3, soldiers are stated to only be able to occupy civilian positions after resigning or retiring from active military service. Active soldiers can occupy positions in offices that oversee the coordination of State Politics and Security, State Defense, Presidential Military Secretary, State Intelligence, State Code, National Resilience Institute, National Defense Council, National Search and Rescue (SAR), National Narcotics, and the Supreme Court.

Dangerous

Chairman of the Indonesian Legal Aid Foundation (YLBHI) Muhammad Isnur strongly agrees with the statement of the 6th President of the Republic of Indonesia Yudhoyono. The TNI Law has mandated that only 10 positions may be occupied by active soldiers. The rest must all resign.

He said, this rule began to be violated during the Joko Widodo administration. At that time, President Jokowi appointed many active military officers in positions that were not permitted by the TNI Law. For example, Doni Monardo was still an active officer when he was appointed as the Head of the National Disaster Management Agency (BNPB).

The mistake was then continued by President Prabowo Subianto. "Well, this was further damaged by Prabowo's era. Prabowo's era was even more brutal by appointing many active soldiers to positions that were not allowed by the TNI Law. For example, who? For example, Major Teddy. And many other positions. The last example was the case of the Head of Bulog," he said.

Therefore, according to him, Yudhoyono's statement is very good in order to remind all levels of government, both Prabowo and the TNI Commander, to emphasize that they must not violate the TNI Law, violate constitutional principles, and violate the spirit of reform.

"And SBY has been good enough to remind everyone. And this is often reminded by YLBHI and other civil society. So to Prabowo, to the entire government, to the TNI Commander, respect the TNI Law. Don't break here and there," said Isnur.

Not only that, Isnur continued, the message of the 6th President of the Republic of Indonesia Yudhoyono should also be held in the current realm of the planned revision of the TNI Law. Because, according to the plan, in the revision of the TNI Law, there is a desire from the legislators to expand the civil positions that can be filled by active TNI officers depending on the president's wishes.

"This is what is dangerous. So, I think SBY as part of the Reformist Generals at that time must be able to stem the current of retreat, the reverse current, the current of evil that is happening now," he said.

Concurrent position

Currently, a number of active TNI members are found serving in state institutions that are not regulated in Article 47. One of them is Major General Ariyo Windutomo who serves as Head of the Presidential Secretariat.

There is also Major General Novi Helmy Prasetya who was recently appointed as Bulog's President Director. Novi Helmy's name has been listed on the site bulog.go.id although there is no photo or profile information yet.

Major General Maryono also served as Inspector General of the Ministry of Transportation. Major General Irham Waroihan became Inspector General of the Ministry of Agriculture. In addition, there is also First Admiral Ian Heriyawan who served in the Hajj Organizing Agency.

Meanwhile, Major Teddy Indra Wijaya, who serves as Cabinet Secretary, is stipulated in Presidential Regulation Number 148 of 2024 concerning the Ministry of State Secretariat. In this regulation, the Cabinet Secretary is under the President's Military Secretary.

Will be evaluated

Meanwhile, Deputy Coordinating Minister for Politics and Security Lodewijk Freidrich Paulus said that active TNI members who hold civilian positions will be evaluated according to applicable regulations. If necessary, the TNI member can be asked to resign or retire from his position.

"Of course there will be an evaluation. For example, maybe the President Director of Bulog (Major General Novi Helmy Prasetya), does he have to be a civilian? If it turns out that the provisions there require him to be a civilian, then the person concerned must apply for early retirement," said Lodewijk after a ministerial-level coordination meeting discussing the evaluation of readiness to welcome the Ramadan and Eid al-Fitr 1446 Hijriah worship at the Coordinating Ministry for Political, Legal and Security Affairs office, Monday (24/2/2025).

He emphasized that currently the government will review the applicable regulations. The government will also adjust to the applicable regulations so that the policy does not deviate from the regulations. One of the government's considerations in appointing TNI to enter civil service is because it wants to accelerate development. The input provided by former President Susilo Bambang Yudhoyono will be a consideration for the government to review the policy.

"Right now, there is a revision of the TNI Law in the DPR. We will see about that later. It's actually easy. Just say, Mr. General wants to choose to serve in the civil government or remain an active TNI soldier. If he stays in the TNI, that's fine, but if he wants to be in Bulog, because of business, then the person concerned must retire early," he stressed.