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Politics
19 March 2025

Revisions To TNI Law Limiting Military Roles In Civilian Sectors Approved

Public concerns mount as Indonesia's military gains limited authority in government institutions amid historical fears of military influence.

The recent discussions surrounding the Indonesian House of Representatives' (DPR RI) revision of Law Number 34 Year 2004 concerning the Indonesian National Army (TNI) have sparked significant debate, especially regarding the roles active military personnel can fill in civilian institutions. On March 18, 2025, Minister of Law and Human Rights Supratman Andi Agtas announced that only 14 ministries and institutions are approved for occupation by active TNI soldiers, contrary to an initial proposal of 16.

According to Minister Agtas, "14 jadinya, tadinya 16. Karena pertahanan dan dewan pertahanan nasional itu satu kemudian seperti Mensesneg juga nanti ada sekretaris militer presiden itu dirangkap juga bisa" (14 will be, initially there were 16. Because defense and the national defense council are counted as one, then like the Minister of State Secretariat, there will also be a military secretary to the president that can also be combined). This change represents a significant adjustment, suggesting a focused approach on aligning TNI’s civil roles strictly to matters of defense.

The revisions are a response to longstanding concerns about the potential for military figures to influence civilian governance. Alissa Wahid, daughter of former Indonesian President Abdurrahman Wahid, articulated these worries by stating, "Kalau tentara aktif kemudian harus bertugas di lembaga-lembaga sipil, aktif berarti masih punya jalur kepada angkatan bersenjata, orang yang memiliki senjata, masih ada jalur koordinasi, jalur komando" (If active soldiers are required to serve in civilian institutions, they still have lines of coordination to the armed forces, those who carry weapons, there are still lines of coordination, command pathways).

Wahid elaborated on the implications of this structural change, expressing her fear that active soldiers in civilian positions could lead to undue influence and intimidation. She called for the annulment of the TNI Law revision, underscoring that any revisions should strengthen military professionalism and not restore military functions within civilian governance.

On the floor of the DPR, TB Hasanuddin, a member of Commission I, requested that any TNI members currently holding civilian roles outside the 14 sanctioned ministries leave their positions or retire early. He noted that approximately 4,473 active TNI members are currently engaged across the ministries and institutions, as referenced from military observer data from the National University.

"Nah kawan kawan, revisi UU TNI diperlukan untuk mengatur hal ini bukan untuk mengembalikan Orde Baru seperti kekhawatiran beberapa pihak" (The revision of the TNI Law is necessary to regulate this matter, not to return to the New Order as feared by several parties), Hasanuddin asserted, rejecting assertions that the revision is intended to re-establish the dual function of the TNI. He emphasized that the discussions are not about returning to old practices of military influence.

Wahid’s fears echo the historical context of the military's extensive involvement in Indonesian politics during the New Order period, a time dominated by military dominance over civilian matters. The public’s apprehensions are not unfounded as the historical precedents show the gravity of militarized governance.

Further developments in the revision of the TNI Law reveal critical changes to military authority and responsibilities. As confirmed during discussions, proposals for TNI's involvement in narcotic enforcement were removed, maintaining that the military should not engage in drug-related issues. Hasanuddin stated, "Untuk TNI memiliki wewenang membantu menangani masalah penyalahgunaan narkotika, itu sudah dihilangkan" (The proposal for the TNI to have authority to assist in addressing drug abuse has been eliminated).

The revised law also keeps intact Article 39, which governs the neutrality of the TNI, making it clear that soldiers are prohibited from participating in political parties or activities, possessing personal businesses, or aspiring for legislative roles. This neutrality clause remains essential for maintaining military professionalism and impartiality.

In terms of personnel management, the draft also discusses the retirement age for TNI soldiers, establishing that enlisted personnel will retire at 55, colonels at 58, and the retirement ages progressively increase for higher ranks. This adjustment serves as part of a broader strategy to ensure a professional military while regulating its civil involvement.

Discussions and revisions to the TNI Law reflect considerable tension between the aspirations for civilian supremacy and the established role of the military in Indonesian society. The changes aim to clearly define military involvement while addressing public concerns regarding potential overreach into civilian life.

The DPR's continued scrutiny of the TNI's role in governance speaks volumes, reflecting on Indonesia’s effort to establish a balanced civil-military relationship that fosters national stability while preventing past excesses from re-emerging. The coming weeks will be critical as the DPR proceeds with final deliberations and the potential enactment of these revisions.