TNI Law Revision Should Narrow Civilian Positions Filled by Soldiers

JAKARTA, KOMPAS – The revision of Law Number 34 of 2004 concerning the Armed Forces should reduce the number of civilian positions that can be filled by active-duty personnel. With this reduction, the Armed Forces can become more focused on enhancing national defense in the modern era as it is today.

Deputy Director of Imparsial, Hussein Ahmad, stated that the appointment of active military personnel to civilian positions under the Military Law occurred because the government at that time was transitioning from the New Order to the Reform era. Military personnel were placed in several ministries with the aim of strengthening the power of the regime at that time.

Article 47 Paragraph (2) of the Military Law states that 10 ministries and institutions can be filled by active military personnel. These include the Coordinator for Political and National Security Affairs, National Defense, Presidential Military Secretary, National Intelligence, State Cryptography, National Resilience Institute, National Defense Council, National Search and Rescue (SAR), National Narcotics, and the Supreme Court.

"I refer to Article 47 Paragraph (2) of the Military Law as a compromise article. The argument is that during its 32 years in power, the New Order placed the military in those 10 institutions. At that time, there were no individuals capable of filling those positions," said Hussein in Jakarta, Wednesday (12/3/2025).

After running for 20 years, Hussein continued, such placements should have been replaced by officials from civilian circles. Therefore, this revision should reduce civilian positions that can be filled by active military personnel.

This revision should narrow the scope, not expand it. If it is like this, it means our reform has failed to create individuals with competence and specialization in civil state institutions.

However, the revision of the TNI Law currently being discussed by the Government and DPR instead expands the scope for the placement of soldiers in civilian institutions. According to Hussein, this addition is merely for political interests and represents a failure of reform.

"This revision should narrow, not expand. If it is like this, it means our reform has failed to create people with competence and specialization in state civil institutions," said Hussein.

The draft changes were revealed by Defense Minister Sjafrie Sjamsoeddin in a working meeting with Commission I of the DPR, Parliament Complex, Jakarta, Tuesday (12/3/2025). Article 47 Paragraph (2) has changed with the total number of ministries and institutions that can be filled by active soldiers becoming 15 agencies.

This addition starts from the Ministry of Maritime Affairs and Fisheries, the Maritime Security Agency, the National Disaster Management Agency, the National Counterterrorism Agency, and the Attorney General's Office.

Hussein is concerned that the expansion of civilian positions filled by soldiers could reduce the professionalism of the TNI. In fact, this is needed to be able to face increasingly complex defense threats in the modern era.

"Instead, the soldiers are placed not according to their expertise and specific competencies. The only competency of TNI soldiers is as a defense tool, not to become bureaucrats in civil institutions," said Hussein.

With conditions like this, the placement of positions filled by the TNI has an impact on civilian supremacy. Meritocracy that provides opportunities for civil servants to have a career in their field cannot be realized because the state leaves it more to military soldiers.

"The president is not committed to the merit system and the principle of civil and military distinction. The president in his speeches even blurs the distinction between military threats and non-war threats. In fact, this is very important so that democratic governance does not become chaotic," said Hussein.

According to Hussein, all criticisms of this revision show concerns about the dual function of the TNI that had been entrenched during the New Order. Moreover, he suspects there are political elements in it because the revision process is considered too rushed.

"Rather than being in the interests of the TNI itself, this is actually very political. We suspect there is an attempt to restore the dual function and provide a red carpet for certain people to enter civil service," said Hussein

Deputy Speaker of the House of Representatives from the Golkar Party Faction Adies Kadir dismissed the attempt to rush the discussion of the revision of the TNI Law. He predicted that the discussion of the draft law would take at least one to two session periods.

"It's impossible (to finish) in the near future. Soon it will be Eid al-Fitr, there will be recess and so on. Yesterday I said, at most if you want it to be fast, then to the next session. That would also be the fastest if there is no debate," said Adies.