New TNI Law Enacted, What are the Changes and Impacts?

Public objections to the revision of Law Number 34 of 2004 concerning the Indonesian National Armed Forces have not been heeded since the discussion stage. President Prabowo Subianto has enacted Law Number 3 of 2025 concerning Amendments to Law No. 34 of 2004 on the Indonesian National Armed Forces. The newly revised TNI Law was promulgated in the State Gazette on March 26, 2024.

So, what are the changes that apply to the TNI Law and what impact do they have on governance and democracy?

A researcher from the Institute for Security and Strategic Studies, Khairul Fahmi, stated on Friday (18/4/2025) that although Law No. 3/2025 is referred to as a limited revision, its scope is quite broad and touches upon the structure, functions, and roles of the military in the future. There are at least four crucial aspects that have undergone changes in the new military law.

First, the position of the National Armed Forces (TNI) is now affirmed to be under the coordination of the Ministry of Defense as stated in Article 3 Paragraph (2) of the TNI Law. This position reinforces the principle of civilian supremacy and clarifies the command and sectoral coordination mechanisms.

Next, the duties of the National Armed Forces (TNI) have been expanded, particularly in Military Operations Other Than War (OMSP). The expansion of TNI's duties in OMSP includes handling cyber threats and the evacuation of Indonesian citizens abroad in situations of conflict or emergency.

Not only that, the regulation of OMSP duties for the TNI in Law No. 3/2025 has also been amended. The assignment of OMSP no longer requires a political decision from the state. In fact, under Law No. 34/2004, OMSP duties must go through a political decision from the state, namely a decision from the President with the consideration of the DPR.

Furthermore, there is an expansion of the placement of active soldiers in civil institutions and an increase in the retirement age of soldiers. "I see that this revision does not change the fundamental principles of reform, such as the prohibition of the military from engaging in politics and business, as well as the military's position remaining within the framework of national defense under civilian control," he stated.

Khairul Fahmi is also concerned about the increasing opportunities for active soldiers to hold positions in civil institutions, which, although restricted by Law 3/2025, can still have implications for the perception of militarization.

In the new TNI Law, active soldiers can be assigned to 14 ministries/agencies, up from the previous 10 institutions. There are four additional institutions that can be filled by active soldiers, namely the Attorney General's Office, the Maritime Security Agency, the National Counterterrorism Agency, and the National Disaster Management Agency.

"The challenge lies in public oversight and administrative transparency, to prevent any deviations in the field. Meanwhile, the key is in the consistency of implementation," he stated.

According to Khairul Fahmi, substantively, this new TNI law is not dangerous. The articles in Law 3/2025, which has just been enacted, are considered to still fall within the framework of professionalism and civilian supremacy.

Nevertheless, the implementation of this Military Law still requires public oversight and monitoring. In addition, it is also important to strengthen the implementing regulations to ensure that the principles of democracy, human rights, and legal order are maintained.

"If public oversight is weak and the derivative regulations are lax, loopholes for deviations will remain open. Therefore, this law needs to be closely monitored by the DPR, the media, and civil society to ensure its implementation is consistent and does not deviate from the spirit of reform," he said.

The Executive Director of Amnesty International Indonesia, Usman Hamid, also emphasized the expansion of active military personnel in civil positions without following the career path of state civil apparatus. This provision is feared to create a justification for active military members to hold political positions, which clearly violates the principles of separation between military and civil roles and functions.

In addition, the implementation of the Military Law still needs to be monitored concerning the expansion of military functions that could encroach upon the dual function of the military. One evident example is the emergence of cooperation between higher education institutions and the military. This collaboration is indicative of the expansion of militarization in civilian spaces.

"The impact is that the military has begun to view campuses as areas that could pose a threat. The most recent example occurred yesterday when a member of the village supervisory non-commissioned officer visited a student discussion at a campus in Semarang under the pretext of territorial oversight. This will repeat the territorial oversight practices of the New Order era," said Usman Hamid.

Meanwhile, the Commander of the Indonesian National Armed Forces, General Agus Subiyanto, revealed that the revision of the Indonesian National Armed Forces Law is being drafted while adhering to the principles of civilian supremacy and democracy, as well as being based on applicable law. The revision also provides clarity on the limitations of active military personnel in holding civil positions, thus alleviating any excessive concerns.

This was conveyed by the Commander of the Indonesian National Armed Forces, General Agus Subiyanto, in a mandate read by the Assistant Staff Officer for Humanitarian Assistance, Major General Suherlan, during the Flag Ceremony on the 17th. The ceremony, attended by soldiers and civil servants of the Indonesian National Armed Forces at the TNI Headquarters, took place at the B3 Field of the TNI Headquarters, Cilangkap, East Jakarta, Thursday (17/4/2025).

"This revision remains committed to the principle of civilian supremacy and is formulated based on the principles of democracy and applicable law, while also providing clarity on the limitations of active military personnel in holding civilian positions, thus alleviating any excessive concerns," said the Commander.

Furthermore, the Commander of the National Armed Forces requested all soldiers and civil servants within the military environment to consistently uphold the integrity and positive image of the institution in the eyes of the public. "I want to emphasize that all soldiers and civil servants of the National Armed Forces must possess integrity and maintain the image of the National Armed Forces in the eyes of the public. This can be implemented through adherence to regulations and ethical values, to build a positive image as a key component of national defense," he stated.

The TNI will continue to transform into a professional, responsive, integrative, modern, and adaptive institution while still upholding noble values, such as the Sapta Marga, the Soldier's Oath, and the 8 TNI Obligations. This is done by continuing to increase faith and piety as the moral foundation of devotion, strengthening solidarity and synergy with various components of the nation and other agencies to support state development programs. (Kompas.id, 4/17/2025)