Placement of TNI in Civil Positions Must Be in Accordance with State Defense Function

JAKARTA, KOMPAS - The Governor of the National Resilience Institute, Ace Hasan Syadzily, emphasized that civil supremacy must be upheld in a democratic system. The placement of military personnel in civilian positions must align with the function of national defense.

Ace expressed this as a response to the controversy surrounding the revision of Law Number 34 of 2004 concerning the Armed Forces. According to him, the Armed Forces have occupied civilian positions in accordance with their functions. However, there are several positions that have been filled but are not yet regulated, necessitating a revision of the law.

"Lemhanas once conducted a study regarding the positions of the military, police, and government. Of course, civilian supremacy in a democratic state is something that must be upheld. Thus, placing the military within a democratic state aligns with its defense function, while the police align with their security function. So, I believe that is already clear," said Ace at Jakarta City Hall, Monday (17/3/2025).

Currently, the government and the House of Representatives (DPR) continue discussions on the revision of the law concerning the Indonesian National Armed Forces (TNI) despite facing public opposition. The Working Committee (Panja) of the DPR and the government have even agreed on three crucial amendments to the TNI law.

Not only was the TNI's involvement in operations other than war expanded, the number of ministries and institutions that could be filled with active soldiers was also agreed to be increased (Kompas, March 17, 2025).

Previously, Article 47 of the TNI Law stipulated that there are 10 ministries and institutions that can be occupied by active military personnel. These ministries and institutions include the Coordinating Ministry for Political and Security Affairs, National Defense, Presidential Military Secretariat, State Intelligence, and State Cryptography. Additionally, there are Lemhanas, the National Defense Council, National Search and Rescue Agency, National Narcotics Agency, and the Supreme Court.

The DPR Special Committee subsequently agreed to add six ministries and agencies that can be occupied by active military personnel. These six additional institutions are the National Disaster Management Agency, the National Counterterrorism Agency, the Maritime Security Agency, the Attorney General's Office, the Ministry of Maritime Affairs and Fisheries, and the National Border Management Agency.

The Deputy Speaker of the House of Representatives of the Republic of Indonesia, Sufmi Dasco Ahmad, stated that the addition of six ministries and agencies that can be occupied by active military personnel was agreed upon because it aligns with the laws of other institutions.

"Just like at the Attorney General's Office, because there is a military criminal attorney general position that, according to the Prosecutor's Law, is held by the military, we include it here," he stated during a press briefing at the Parliamentary Complex, Jakarta, on Monday.

According to Ace, Lemhanas is filled with TNI and Polri because it is an educational institution for future national leaders. Likewise with other civil positions filled by TNI based on capacity and competence to maintain state sovereignty.

"For example, terrorism, it concerns the sovereignty of the state. The safety of the state. So the TNI becomes very important. Then, in disaster management, the position of the TNI is very important because it is always at the forefront in ensuring the safety of citizens with a faster approach," said Ace.