The Indonesian government and the People's Representative Council (DPR) are poised to ratify the much-debated revision of the TNI Law, known formally as the Law on the Indonesian National Armed Forces, during a plenary session scheduled for March 20, 2025. This legislative move has stirred significant concerns among civil society groups who argue that the revision undermines the supremacy of civilian governance in favor of increasing military influence.
On March 19, 2025, Ardi Manto Putra, the Director of Imparsial, a leading human rights organization, expressed apprehensions about the legal amendments in a press conference. He stated, "Seharusnya ketika demokrasi di Indonesia semakin membaik, 10 lembaga sipil yang bisa diisi oleh militer itu seharusnya dikurangi atau bahkan dihilangkan, tapi ternyata yang terjadi di RUU TNI justru ditambah menjadi 14 lembaga sipil. Perubahan paradigma dari yang tadinya limitatif itu menjadi fleksibel," underscoring that rather than decreasing military involvement in civil institutions, the proposed revision actually expands it.
This version of the TNI Law proposes to increase the number of civilian institutions where military personnel can be appointed from ten to fourteen. Such a development has raised alarms as critics argue it represents a pivotal shift in the country’s democratic framework, worsening the potential for military encroachment on civilian affairs.
Putra further justified the necessity of re-evaluating the impending amendments by pointing out that the existing TNI Law, now 21 years old, should be revised not only for modernization but also to advance military professionalism without enhancing its civilian role. He noted, "Kalau kemudian UU ini belum bisa dianggap membawa TNI ke menjadi lebih profesional dan modern, maka aturan terkait dengan hal tersebut dalam undang-undang yang perlu diubah," suggesting that without proper modernization, the laws would still fail to adequately professionalize the military.
The revisions also detail changes to the military’s service age and outline the potential expansion of further placements of active soldiers within government ministries and institutions. This expansion of military authority in civilian governance has been deemed problematic by various independent observers.
A significant point of contention has arisen around Article 65 of the existing TNI Law, which relates to the duality of Military and General Court systems. Putra criticized the DPR and government for not adequately addressing the implications of this article, emphasizing that it has created a system of dual justice for soldiers that complicates legal proceedings. He stated, "Ada satu pasal di dalam UU TNI yang semenjak disahkan sejak 2004 sampai hari ini, (pasal) itu nganggur yaitu pasal 65 terkait dengan Peradilan Militer. Pasal mengenai peradilan militer itu tidak bisa berlaku dan tidak pernah bisa diaplikasikan. Dan ini tidak masuk dalam radar pembahasan oleh pemerintah dan DPR," illuminating the fact that Article 65 has effectively rendered military judicial provisions non-functional since its inception.
Putra warned that should the DPR disregard crucial considerations, such as the implications outlined in Article 74—which, in his view, does not uphold the principle of fair trial—this may result in unequal legal treatment for military personnel. His assertion is that if Article 74 is removed, Article 65 will automatically take effect, making it possible for military personnel who violate civilian laws to be tried in general courts. This perspective suggests that such a legal change could enhance the transparency and accountability of the military justice system.
As the DPR prepares to finalize the Law in their discussions, critics assert that the process has been neither open nor transparent. Concerns are rising that the rapid pace at which the revisions are being pushed through may overlook necessary safeguards vital for preserving civilian supremacy in governance. Putra stresses that revisions to the TNI Law should not be conducted hastily and must not overlook the significance of each article and its broader implications.
On March 18, 2025, the outcomes of discussions within Commission I of the DPR indicated support for moving forward with the TNI Law revisions into the second stage of the legislative process. The implications of these approvals are significant, impacting the balance of civil-military relations in Indonesia.
The looming ratification signifies a turning point as Indonesia continues navigating its democratic evolution and the roles of its military within civil society. As the government and DPR move towards the final authorization of this law, the voices of civil society and advocates for democratic integrity remain crucial to ensure the nation’s advances do not regress into cycles of militarism.
