Jakarta – The National Human Rights Commission (Komnas HAM) has recently voiced concerns over proposed revisions to the Indonesian National Army (TNI) Law, emphasizing that changes to Article 47, paragraph 2, pose significant risks of reviving the dual functions of the military and civilian sectors. This concern was articulated by Anis Hidayah, the Coordinator of the Human Rights Promotion Sub-Commission, in a press conference held on March 19, 2025. Anis highlighted that the revisions allow active TNI soldiers to hold positions in 16 civilian institutions, which could undermine civilian authority in the democratic governance structure.
“The changes in Article 47, paragraph 2, risk reviving the dual function of the military, which contradicts MPR Decree No. VII/MPR/2000 concerning the roles of the TNI and the Indonesian National Police and the principle of civilian supremacy in a democratic state,” Anis stated. He raised alarms regarding the potential for increased military involvement in civilian governance that could lead to governance characterized by militarism.
Moreover, the proposed expansion of roles allows the president to appoint active military personnel to additional ministries, increasing their influence in civilian realms. “The ongoing discussions surrounding the TNI Bill have revealed that there are changes allowing active TNI soldiers to take positions across 16 ministries or other civil institutions,” Anis noted.
In another significant move, the revisions propose extending the retirement age for soldiers to 58 years for ranks of non-commissioned officers (NCOs) and privates, 60 years for officers, and 65 years for soldiers holding functional positions. This extension raises concerns about potential stagnation in leadership regeneration within the TNI. Anis elaborated, “The proposed changes to Article 53 risk causing stagnation in leadership regeneration and inefficiency in the budget.” He added that this could lead to a buildup of personnel without clear roles and responsibilities within the military structure.
On the issue of soldiers' welfare, Anis criticized the notion that extending the retirement age would adequately address the needs of TNI personnel. “The guarantee of welfare for soldiers cannot simply be addressed through extending the retirement age of active TNI personnel; rather, it requires a more comprehensive welfare system that includes wages and other benefits,” he explained.
Beyond the content of the bill, Anis expressed discontent with the legislative process itself, claiming it lacks meaningful public participation, which is essential for a democratic law-making process. He articulated the commission’s recommendations, which include a comprehensive audit of Law No. 34/2004 on the TNI's implementation, which should take place before any amendments are made. The recommendations also call for robust public engagement and transparency in formulating laws that might significantly affect society.
Following these public concerns, the TNI Bill is now scheduled for discussion in a plenary session by the House of Representatives (DPR RI) and the government on March 20, 2025. “The results of yesterday’s meeting have confirmed that the TNI Bill has reached completion and is ready for the second phase, which will be presented at the plenary session scheduled for tomorrow,” confirmed Dave Laksono, Deputy Chairman of Commission I at the DPR RI.
The political atmosphere surrounding the TNI Bill has heightened scrutiny from various observers and civil society groups. Halili Hasan, Executive Director of SETARA Institute, highlighted the potential dangers of the military's expanded involvement in civil roles, stating, “If militarism strengthens, then full civilian control over the military will weaken.” This view resonates amidst fears that a militarized governance model could encroach upon democratic processes in Indonesia.
Halili further commented on the risk that military personnel occupying civilian positions could erode the meritocracy essential for a functioning democracy. He articulated the importance of maintaining the principle of civilian supremacy in governance to prevent the dilution of democratic values.
As the DPR approaches its decision-making on the TNI Bill, public discourse remains fervent, with many advocating for a return to a clear distinction between military and civilian roles as a foundation for democratic governance. The potential implications of these legislative changes are significant, as they juxtapose the desire for national security against the fundamental principles of a democratic society.
Ultimately, the revisions to the TNI Law not only concern military structure and personnel management but also touch upon the core of Indonesia's democratic fabric. The balancing act between military involvement in governance and preserving civilian supremacy is at the heart of these discussions, prompting vital questions regarding the future of civil-military relations in the nation.
As the legislative process unfolds, the coming days will prove crucial for determining how Indonesia navigates these sensitive issues that intertwine military service, civil rights, and democratic governance.
