TNI Law Revised, Commander: Maintain Civil Supremacy

JAKARTA, KOMPAS – The Indonesian National Armed Forces (TNI) views civilian supremacy as a fundamental element in a democratic state that must be continuously upheld. Therefore, TNI Commander General Agus Subiyanto emphasized the importance of maintaining the principle of civilian supremacy in the revision of Law Number 34 of 2004 concerning the TNI. The regulation must ensure a balance between the military and civilian sectors is preserved.

During the Working Meeting of Commission I of the DPR at the Parliamentary Complex, Jakarta, Thursday (13/3/2025), the Commander of the Indonesian National Armed Forces (TNI) stated that his side welcomed the revision of the TNI Law. He considered the current law to be no longer relevant and in need of adjustments to address various issues.

One of the provisions proposed to be amended in the revision of the TNI Law is related to the placement of soldiers in several civilian institutions. Agus stated that the TNI indeed has a concept for placing active soldiers in ministries and institutions outside the defense sector.

However, the task must still be carried out with professionalism and a clear separation between the military and civilian sectors. This is one of the commitments of the TNI to uphold the principle of civilian supremacy and military professionalism in performing its primary duties.

"The military views the principle of civilian supremacy as a fundamental element in a democratic state that must be upheld by ensuring a clear separation between the military and civilian sectors," he stated.

The appointment of military personnel to civilian positions is regulated under Article 47, paragraph 2 of Law No. 34/2004. The article states that members of the military can occupy positions in 10 ministries/agencies. However, in the proposed revision of the Military Law, it is suggested that active-duty personnel may hold positions in 15 ministries/agencies.

Five institutional agencies added include the Ministry of Marine Affairs and Fisheries, the Maritime Security Agency, the National Disaster Management Agency, the National Counterterrorism Agency, and the Attorney General's Office.

The TNI views the principle of civilian supremacy as a fundamental element in a democratic state that must be maintained by ensuring a clear separation between the military and civilians.

Previously, 10 civil institutions that could be filled by TNI soldiers included the Coordinator of Political and Security Affairs, National Defense, Presidential Military Secretariat, State Intelligence, and State Code. After that the National Resilience Institute, National Defense Council, National SAR, and the Supreme Court.

When met after the meeting, Agus stated that the addition was proposed because the agencies were already filled by active soldiers according to the law. The placement of these soldiers is in accordance with the requests of the relevant ministries and institutions.

Meanwhile, the placement of soldiers in positions other than the 15 agencies proposed in the TNI Law has the consequence of early retirement. They must resign from military service.

In fact, according to Agus, active soldiers who currently occupy a number of ministries and institutions outside the provisions of Law 34/2004 will also resign. "Active TNI who occupy institutions outside the provisions of the TNI Law will resign from their duties," he said.

Chairman of Commission I of the House of Representatives Utut Adianto also emphasized the commitment to civil supremacy. The politician from the Indonesian Democratic Party of Struggle also emphasized that the dual function of the TNI as in the New Order era did not return with the revision of the TNI Law.

"No one can turn back the clock. What exists is a new trend, a new spirit. Times have changed. As Bung Karno said, zeitgeist (spirit of the times). The Commander also stated civil supremacy in a democratic country, he already has that state," he said.

Utut also assessed that the revision of the TNI Law would not disrupt the meritocratic system. The ministries and institutions proposed to be filled by active soldiers are in accordance with the laws of each ministry/institution. The provisions in the revision of the TNI Law aim to clarify this position.

"This does not disrupt the merit system and reduce civil rights. This is, not all are reduced. And are the best soldiers all civilians? Yes, of course not. That's called making it up," said Utut.

In the revision of the TNI Law, the TNI service period will also be discussed. Agus also saw that the soldiers' service period was too long, resulting in less than optimal leadership in the field.

"There is stagnation at the top of the pyramid of positions, and a shortage of personnel at the bottom of the pyramid. A Danyon (battalion commander) is 39 years old, while a Danbrigif (infantry brigade commander) is 43-44 years old," he said.

According to Agus, the solution that can be done regarding this is by implementing short service bonds (IDP) and advanced service bonds (IDL). The consequence of this implementation is that the chain of command holders in the field can be filled by younger soldiers than before so that it is more optimal.

"So that at the age of 42-44, they can serve as high-ranking officers. Those who are good will continue, those who are not will retire," said Agus.

According to Agus, this plan can unravel stagnation. In addition, the extension of the retirement age optimizes the ability and experience of soldiers to the maximum.

"If this is implemented, it also has the potential to reduce employee spending," said Agus.

Member of Commission I of the House of Representatives from the Golkar Party Faction, Nurul Arifin, can understand the proposal to change the retirement age of the TNI. The retirement age is made varied according to the soldier's rank, with the aim of adapting to the times. In addition, to ensure effectiveness and efficiency in leadership regeneration within the TNI.

"We, the Golkar Party Faction, will ensure that the regulation on retirement age continues to provide a balance between regeneration within the TNI and the experience of senior soldiers," he said.

The Golkar Party faction, said Nurul, can also understand the revision of the TNI Law aims to improve the performance and professionalism of the TNI. Changes to a number of regulations are proposed so that the TNI as a national defense institution can be more adaptive in facing various challenges in the future. The new TNI Law is expected to further strengthen the position of the TNI as the vanguard of national defense.