TNI Law Expands Military Entry into Civilian Areas

JAKARTA, KOMPAS - There has been a change in the regulation of military operations other than war for the Indonesian National Armed Forces in the new TNI Law. Previously, under Law No. 34 of 2004 concerning the TNI, military operations other than war had to be carried out based on the policies and political decisions of the state.

However, now, as stated in Article 7 of Law Number 3 of 2025 concerning the National Armed Forces, which was ratified and promulgated on March 26, 2025, the implementation of military operations other than war (OMSP) is further regulated by government regulations or presidential regulations. Except for the main task of OMSP to assist the Indonesian National Police in the context of security and public order tasks as regulated in the law.

Senior researcher at Imparsial, Al Araf, highlighted the changes in the regulation of OMSP duties for the TNI in Law No. 3 of 2025. Now, the assignment of OMSP no longer requires a political decision from the state. In contrast, under Law No. 34 of 2004, OMSP duties had to go through a political decision from the state, namely a decision from the President with the consideration of the DPR.

"This means that the military can re-enter to maintain security in the domestic sphere and in civilian areas with greater latitude to confront existing threats, similar to what occurred during the New Order era. Thus, this article will expand the military's involvement in civilian domains," Araf stated in writing, Thursday (17/4/2025).

The essence of the military is to conduct military operations for war, as the military is educated and trained for warfare. Therefore, the TNI serves as the instrument of national defense.

Politically, according to Araf, the article serves as a legitimization and justification for the practices that have been in place, where the military is involved in the implementation of government programs such as the rice field printing program, food security, maintaining national strategic projects, and others.

"If we read this article, the genealogy of government power will utilize the military to succeed government programs, as occurred during the New Order era, under the pretext of OMSP. This is often referred to as securitization," said Araf.

The regulation of this TNI law is also considered strange and not in line with the constitution. According to the constitution, the President is the highest authority over the Army, Navy, and Air Force. Thus, it is the President who has the authority to deploy military forces in carrying out operations.

The essence of the military, Araf continued, is to conduct military operations for war because the military is educated and trained for warfare. Therefore, the TNI serves as the instrument of national defense.

In the new TNI law, to carry out its main duties, Article 7, paragraph 2 states that the military must conduct operations for war through a state political decision. Therefore, it should follow that military operations other than war must also be conducted through a state political decision; this is the constitutional logic.

"But what happened in the new TNI Law, for operations other than war, the requirement for OMSP through a state political decision was removed. This is not in line with the constitution and is dangerous for democracy," said Araf.

Worse still, he added, in the explanation of Law 3/3025, it is stated that the military can assist local government tasks within the framework of OMSP, one of which is to rehabilitate infrastructure and address issues arising from strikes and communal conflicts.

According to Araf, this regulation is clearly dangerous for civil liberties and democracy because the military can once again intervene in strike actions. In fact, labor or student organizations often view strike actions as a part of the freedom of expression and opinion, as well as a component of civil liberties protected by the constitution.

"With the military's involvement in this issue, the military will once again confront its own people. This is very dangerous and brings back conditions reminiscent of the New Order era, where the military faced the society again," said Araf.

The expanding scope of OMSP for the military will inevitably weaken the professionalism of the armed forces. The military will be preoccupied with auxiliary tasks. Conversely, its primary duty of conducting war operations to maintain the sovereignty of the nation will be disrupted.

Previously, President Prabowo Subianto, in an interview with several editors-in-chief of media outlets at his private residence in Hambalang, Bogor Regency, on Sunday (6/4/2025), stated that there is no intention for the military to return to a dual function.

"There is no intention of the TNI wanting a dual function again, come on? That's nonsense. In my opinion, the TNI Law is a non-issue. There is no intention. All military officials who will enter civilian positions will retire early. There are only a few institutions that are permitted, such as intelligence, natural disasters, Basarnas, and the supreme court because there is a Military Court, it has always been that way. This is just formalizing it. If you look at everything, there is a reasoning," said the President.

According to Prabowo, the people still have faith in the TNI. "Why is that? When there is a natural disaster, who is the first to respond? When there were thousands of bodies during the tsunami in Aceh, who lifted them? Therefore, we must be objective about the truth. Who protects this republic during Christmas Eve, New Year, Eid, homecoming, and so on? The TNI and Polri," said the President.

On the other hand, Prabowo acknowledged that there are shortcomings and that it is a shared responsibility to address them. "Indeed, there are deficiencies. There are elements or matters that are not good. This is our collective responsibility. Let us improve. I will continue to be firm with the TNI and Polri. Resolve it. Clean yourselves before I take action on behalf of the people's mandate," said the President.