TNI Law Revision Passed, TNI Dual Function Lurking Again?

JAKARTA, KOMPAS – The revision of the TNI Law has finally been ratified amidst strong pros and cons. Although the lawmakers emphasized that the revised TNI Law was drafted while prioritizing civilian supremacy, changes in several articles are instead considered to weaken civilian control over the military. Furthermore, the dual function of the TNI looms again as there are still articles that could serve as loopholes for the emergence of dual roles for the military.

The ratification of the bill amending Law Number 34 of 2004 concerning the Indonesian National Armed Forces (TNI Bill) into law was approved during a plenary session of the House of Representatives at the Nusantara II Building, Jakarta, Thursday (20/3/2025). The new TNI Law contains at least three crucial amendments. These amendments are stipulated in Article 7, which regulates Military Operations Other Than War (MOOTW); Article 47, concerning the placement of soldiers in civilian positions; and Article 53, regarding the service period of soldiers.

A researcher from the Political Research Center of the National Research and Innovation Agency (BRIN), Diandra Mengko, believes that the most concerning changes are found in Article 7. According to her, the new regulation regarding the assignment of the military in Military Operations Other Than War (MOOTW) has the potential to undermine civilian authority and jurisdiction.

Previously, Article 7 Paragraph (3) of Law 34/2004 stipulates that the main duties of the TNI, both military operations for war and non-war operations as mentioned in Paragraph (2), can be carried out based on the policies and political decisions of the state.

However, in the revision of the TNI Law, OMSP is no longer carried out based on the country's political decisions. This form of civilian supremacy has been revoked and replaced with Government Regulations (PP) or Presidential Regulations (Perpres), which can be drafted without the involvement of the DPR. In fact, the country's political policy in deploying troops for military operations demonstrates civilians as the highest authority.

"One of the most tangible manifestations of civil supremacy is the state's political decision. This decision determines the methods, resources, and deadlines. The President, as the highest holder of civil authority, is then authorized by the DPR, and only after that is it implemented," said Diandra in Jakarta on Thursday.

If the country's political decisions are lost at this time, said Diandra, the civilian authority in OMSP will also disappear. Regulation through government regulations and presidential decrees is tantamount to giving a "blank check" to the military to manage OMSP.

The new provisions of Article 7 are indeed not as much in the public spotlight as Article 47 which was also changed. The public is more focused on discussing the changes in the article because the civilian positions held by soldiers are considered identical to the dual function of the TNI as practiced during the New Order.

In fact, the new regulation in Article 7 can actually be a loophole for the return of the TNI's dual function. According to Diandra, the loophole comes from the non-defense function and the proportionality of the deployment of soldiers for uncontrolled OMSP.

"So, the proportionality of focus and military strength is no longer maintained by civil authorities because they have their own authority. Moreover, this OMSP is actually a task of assistance, not the main task of the TNI to face war," he explained.

If the current state political decision is lost, the civil authority in OMSP will also be lost. Regulation through PP and Perpres is the same as giving a "blank check" to the TNI to regulate OMSP.

However, Deputy Chairman of Commission I of the House of Representatives Dave Laksono emphasized that the House of Representatives still plays a role in the OMSP. He said that the results of military operations are still reported to the House of Representatives. This is because the House of Representatives has the function of designing budgets, overseeing government policies and the implementation of laws, and drafting laws or legislation.

"OMSP has its rules. In accordance with its function, the results of OMSP will be reported during working meetings with the DPR," he said.

Regarding civilian positions filled by soldiers, Dave also believes that the new TNI Law will be implemented by prioritizing meritocracy. The placement of soldiers in civilian institutions, he continued, is not arbitrary so that he is sure that there is no favor from certain parties.

"There is a process, and it is also seen from the capacity and capability of the individual, so it is not just chosen and adjusted to their abilities," said Dave.

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

"We, the DPR and the government, emphasize that (the TNI Law) still prioritizes civil supremacy, democracy, human rights, and is in accordance with Indonesian and international laws and regulations," he said.

Puan did not deny that the revision of the TNI Law had drawn public rejection, leading to demonstrations by many people. Therefore, the DPR is also willing to provide an explanation to address public concerns, especially concerns about the emergence of the TNI's dual function due to the expansion of civilian positions that can be filled by soldiers.

"So please don't have any suspicions. Don't make the wrong assumptions, let's all read this law carefully. What is suspected is not appropriate," said Puan.

Defense Minister Sjafrie Sjamsoedin also denied that the TNI's dual function was back with the revision of the law. He stated that public interpretation is sometimes disproportionate and needs to be corrected.

However, Sjafrie still appreciates those who reject the TNI Bill. He hopes that this dynamic does not forget unity in facing various threats.