The Indonesian government is set to implement significant changes to the 2004 Indonesian National Armed Forces (TNI) Law, as revealed in the final draft received by ERA.id on March 19, 2025. The revised law permits active TNI soldiers to occupy positions in 14 designated ministries and institutions, a move that has sparked both support and concern.
According to Article 47, paragraph 1 of the revised TNI Law, positions available to soldiers include roles in various sectors, notably those overseeing political and national security coordination, defense—including the National Defense Council, the State Secretariat managing presidential affairs, and agencies dedicated to intelligence, cyber security, and disaster management. Importantly, the Attorney General's Office (Kejagung) and the Supreme Court are also included, but the deployment of TNI personnel in these institutions will be restricted to military criminal matters.
Minister of Law Supratman Andi Agtas confirmed this update, emphasizing that the integration of TNI personnel is aimed at maximizing their expertise within governmental frameworks. Initially, the government considered allowing soldiers to hold positions in 16 ministries, but this number was reduced to 14 after organizations such as the Ministry of Maritime Affairs and Fisheries (KKP) were removed from the list due to structural revisions.
"Initially, there were 16 institutions, but now it stands at 14," Supratman explained during a parliamentary meeting on March 18, as reported by KOMPAS.com. The revisions, while noted for their aim to bolster national capacities, have garnered scrutiny regarding the implications they might have on civil-military relations, especially concerning the revival of the controversial dual function of the TNI.
In discussions led by the working committee on the TNI Law Revision within the DPR, it was stated that any active soldiers engaging in criminal acts while in civilian roles would still be subjected to military justice protocols. Tubagus Hasanuddin clearly articulated this position, asserting, "Even if a soldier occupies a civilian institution, they occupy a position regulated in the TNI Law, so their status remains in military justice. However, if a soldier resigns from TNI, they would undergo civilian judicial processes."
The differing judicial approaches highlight a layer of complexity in the oversight mechanisms governing active military personnel in public service. Dave Akbarshah Fikarno Laksono, Vice Chairman of the panel revising the TNI Law, noted that the type of violation will determine the judicial pathway, indicating a nuanced tiered approach to justice within military ranks.
Despite the legislative move's intention to streamline military and civilian roles, various human rights advocates, including Muhammad Isnur, Chairman of the Indonesian Legal Aid Foundation, have critiqued the focus on expanding civilian positions without addressing necessary judicial reforms. "The legislative focus on expanding civil roles for active soldiers should be matched with a comprehensive review of their judicial mechanisms, ensuring accountability and preventing potential impunity," he stated.
Discussions surrounding the revisions have not only raised questions on accountability but also ignited debates concerning the balance of military influence in a democratic government. The revisions are noted to be brought to a Plenary Meeting following the consensus reached among all factions within the DPR's Commission I.
As Indonesia strides towards establishing these revisions, the implications of allowing military presence in civil roles will undoubtedly be closely watched. The revisions reflect a balancing act between leveraging military capabilities for state interests while safeguarding democratic norms and ensuring accountability in governance.
Ultimately, as the revisions await formal approval, the crucial issue of military justice for active soldiers in civilian roles remains a pivotal point for lawmakers and analysts alike, with the government charged with navigating a path that harmonizes military responsibility with civil democratic principles.
