Introduction
After years of debate, Indonesia’s military law, which was first enacted back in 2004, is officially revised. This process, however, seems rushed and lacks clarity.
The legislative discussion, which was not even a prioritised item in the national legislative programme, was conducted behind closed doors without adequate meaningful public participation, contrary to the prevailing norms in a democratic system.
The rushed deliberation process, coupled with the fact that it took place in a luxurious five-star hotel, raised suspicions about the government’s motives. This is compounded with the fact that officers of Tentara Nasional Indonesia (TNI) and Kepolisian Negara Republik Indonesia (Polri) were deployed to guard the House of Representatives compound, complete with dozens of tactical vehicles, a day before the plenary session.
Rushed Revision
Even more problematic is that the revision process was held in the midst of President Prabowo Subianto’s budget cuts to finance his ambitious programmes and promises.
The points included in the revised law are not entirely negative. For example, the addition of the phrase “military diplomacy” should be appreciated, as it justifies an increase in TNI’s international cooperation with its regional and international counterparts. This is especially important at a time when global security dynamics are highly uncertain, as signified by President Donald Trump’s mercurial policies and the response from the rest of the world.
Additionally, expanding TNI’s primary task to include operations other than war – such as cybersecurity operations and protection of overseas citizens – demonstrates TNI’s ability to adapt to the evolving nature of threats.
Concerns abound nonetheless. The expansion of TNI’s duties, such as in the field of counternarcotics, could easily overlap with the jurisdictions of Polri and Badan Narkotika Nasional (the National Narcotics Agency – BNN). Although counter-narcotics was finally excluded from the list of military operations other than war, BNN is still cited as one of the bodies that can be occupied by active TNI personnel. This is clearly contradictory and has opened the potential for multiple interpretations in the future.
There are also missed opportunities. The government, for instance, could have pushed for the establishment of a cyber force to complement the works of the army, navy and air force – an imperative in the wake of the hacking scandal targeting TNI’s Strategic Intelligence Agency. Additionally, the establishment of a space unit within the air force could improve TNI’s ability to safeguard Indonesia’s national airspace.
Controversies
Unfortunately, the focus of the law’s revision was not on the technical areas that would improve TNI’s professionalism and combat readiness.
One of the most controversial aspects of the revision is Article 47, which significantly expands TNI’s authority to place active personnel in civilian positions. The number of ministries and institutions that can be occupied by active TNI personnel has now increased from 10 to 14.
The government justified this by pointing out that several ministries and institutions, such as Badan Keamanan Laut (the Maritime Security Agency – Bakamla), Badan Nasional Penanggulangan Terorisme (the National Counter Terrorism Agency – BNPT) and others, have long been occupied by active TNI personnel.
Even though various government representatives have expressed assurances that the placement of active TNI personnel in civilian positions would be strictly regulated, the public needs to remain cautious, given that Prabowo ordered a management and business course for active duty soldiers to prepare them for roles in both state-owned and regional-owned enterprises.
Furthermore, the government’s one-sided claim that assigning active TNI personnel to civilian positions could alleviate human resource shortages is also questionable. This argument appears weak and suggests the government lacks a real solution to the surplus of TNI personnel.
Previous administrations explored various avenues to address this particular issue, such as the establishment of the Defence University and the expansion of TNI’s organisation. Prabowo has also pursued another option – increasing the number of TNI figures in his cabinet.
However, these solutions have often resulted in policies that contradict the principles of reform, such as placing high-ranking officers in non-military positions without removing their military status.
Furthermore, the government’s insistence on extending the age for active service is counterproductive. For one, this is pursued without instituting a moratorium on recruitment. Worse, it could afford Prabowo an undue influence, particularly over four-star generals. This appears to be politically motivated and could seriously hinder TNI’s meritocracy principle.
Challenges to Military Administration
In fact, even without the law revision, TNI personnel have been holding civilian positions for quite some time. As many as 2,569 active personnel are already serving in civilian roles, with 29 of them holding positions in ministries or institutions not stipulated under the old TNI law.
It is unfair that job opportunities available for civilians must shrink to accommodate TNI personnel who are stuck in their careers due to a surplus of military personnel. Evidently, this would also disrupt the career paths of civilian employees in the institutions they are serving.
Rather than revising the TNI law, it seems more urgent to revise the military court law in order to uphold equality before the law and ensure fair trials.
An ongoing problem is when active TNI personnel who hold civilian positions are involved in criminal offences—they are still processed in military courts, not public courts. This hampers the legal process because of the different characteristics between military and public courts, particularly in terms of independence, transparency and accountability.
The polemic between the Corruption Eradication Commission (KPK) and TNI regarding the arrest of the former head of Badan Nasional Pencarian dan Pertolongan (the National Search and Rescue Agency – Basarnas) offers a chaotic picture surrounding law enforcement on TNI personnel.
Meanwhile, military courts trying corruption cases involving TNI personnel do not apply as strict legal processes and pass more lenient sentences compared to those in the corruption courts.
The military criminal procedure law mentioned above is not the only problem; the military administrative procedure law is equally problematic. The main issue is the lack of procedural laws governing military administration and institutional structures to examine, address and settle disputes in this area.
Although the military court law mandates that such procedural laws be established through a government regulation within three years of the law’s enactment (the military court law was enacted in 1997), there has been a 25-year legal vacuum in this regard. This gap reveals a troubling reality: all TNI legal products cannot be challenged, leading to a system of impunity.
Conclusion
Despite the controversy, TNI remains the most trusted and popular in Indonesia. Many Indonesians view TNI as a versatile problem solver. This high public trust is due to the fact that TNI is considered capable or sufficiently distanced from political or civil affairs. For those who grew up under Suharto’s authoritarian regime, TNI’s involvement in socio-political affairs is also seen as necessary and natural.
However, if its role continues to expand, there is a fear that it would alienate this public trust, which could backfire on TNI itself.
This recent, heated public debate could have been avoided if the government had been more transparent about the revision process. The government’s response to civil society’s strong rejection, claiming that the draft being circulated was not the one under discussions, highlights its poor public communication and a lack of transparency—both of which go against the principles of meaningful public participation.
If the government is serious about enhancing TNI’s professionalism, there are more effective steps it could undertake. The proposed revision, which focuses on extending the service period of active TNI personnel and granting them access to civilian positions, is both a shortcut and a lazy solution.
Instead, the government should focus on the welfare of TNI soldiers and modernise its weaponry system. TNI’s performance allowance currently accounts for only 70% of salary, which is lower compared to other institutions like Polri (80%) or the Ministry of Finance (100%).
More pressing is the task to modernise TNI’s weaponry system, considering Indonesia’s failure to meet its Minimum Essential Forces target by the end of 2024.
As for the surplus of personnel, rather than expanding their authority to fill civilian roles, the government should implement a moratorium on TNI recruitment or at least review its current practices. Another option is to increase TNI participation in peacekeeping missions and send more personnel abroad for educational purposes.
