Preserve civilian supremacy in the midst of the revision of military law

Jakarta (Antara) – The national legislators elected to the House of Representatives (DPR) for the period 2024-2029 launched discussions on the modification of law n ° 34 of 2004 concerning the Indonesian defense forces, or TNI.

This actually revived the discourse on the law of the previous term.

What should be noted this time is that the DPR officially announced the drafting of the bill for modification within the framework of the National Priority Legisation Program in 2025 (Prolegn).

This means that discussions surrounding the military bill should conclude at the latest this year.

Consequently, Commission I of the DPR – which oversees defense, foreign affairs, communication and intelligence questions – has been responsible for advancing the modification process.

This despite the fact that the Commission is invited to prioritize the drafting of a bill to revise law n ° 32 of 2002 concerning the dissemination.

Usually, it is compulsory for a parliamentary committee to complete the work on a priority bill before moving on to another.

In any case, the DPR agreed to make the military bill a priority during a plenary meeting on February 18, 2025.

Since then, Commission I has summoned meetings with experts, academicians and community organizations to collect opinions and suggestions on the TNI bill.

The bill aims to revise three articles of the military law concerning the post of TNI, the retirement age for soldiers and civil posts for active military officers.

Unsurprisingly, this has aroused public concerns concerning a potential resurgence of the role with a double function of the military, who is associated with the in -depth participation of military officers active in civil institutions.

The efforts to revise the TNI law reminded the nation the practices observed during the era of the new order under the second Indonesian President Soeharto.

This awakened fear flows partly from reports according to which the TNI bill bill has provisions which allow the president to appoint soldiers to civil positions at his discretion.

These unconfirmed reports were distributed during the previous legislative period, during the duration of the seventh president Joko Widodo.

During a meeting with Commission I on March 11, 2025, the Minister of Defense Sjafrie Sjamsoeddin suggested that the revisions of TNI law include the expansion of civil positions that active soldiers are eligible to hold.

However, it is important to note that the suggestion largely recommends the increase in the number of positions available in civil institutions in the security and law for soldiers.

Under the existing TNI law, the nation has become, to a certain extent, used to seeing soldiers working in these sectors, which, in substance, are linked to their field of expertise.

Civil supremacy and military professionalism

Article 48 of the TNI law authorizes active soldiers to occupy positions in 10 civil institutions, in particular the Ministry of Coordination of Political Affairs and Security and the Ministry of Defense.

The institutions also include the presidential military secretariat, the State intelligence agency (BIN), the National Cyber ​​Aggency (BSSN) and the National Resilience Institute (Lemhannas).

They also include the National Defense Council, the National Search and Rescue Agency (Basarnas), the National Narcotics Agency (BNN) and the Supreme Court.

Sjamsoeddin suggested expanding the provision to include positions at the Ministry of Marine Affairs and Fisheries, the National Disaster Mitigation Agency (BNPB), the National Counter-Terrorism Agency (BNPT), the Maritime Security Agency (Bakamla) and the Prosecutor General.

Since their foundation, the BNPT, BNPB and Bakamla have had TNI officers active in structural roles. For example, Lieutenant-General Suharanto is currently leading the BNPB.

Meanwhile, the active soldiers began to occupy posts in the Office of the Attorney General after the 2021 amendment to Law No. 16 of 2004, which enabled TNI officers to serve as an assistant prosecutor for military crimes.

However, the vice-president of Commission I, Dave Laksono, confirmed that the DPR had decided to abandon the proposal to allow active soldiers to sit at the Ministry of Marine Affairs and Fisheries.

Given that TNI officers occupy positions in the three institutions, it is sure to deduct that the military bill essentially aims to formalize their services rather than to expand the scope of soldiers' participation in civil affairs, as feared by certain accounts.

This point of view was confirmed by the vice-president of the DPR SUFMI DASCO AHMAD who specified that the revised draft of the bill will regulate only the existing practices observed in these civil institutions.

While guaranteeing civil supremacy in the revisions of TNI law, he said that the increase in public feeling against any double -function military role was mainly caused by a lack of clarity surrounding the formulation of the bill.

Meanwhile, the TNI commander, General AGUS SUBUSEVO, told Commission I legislators that, although he judges the necessary modification, he may guarantee that the TNI will remain determined to maintain the boundaries between the civil and military domains.

He will do so by joining the principles of civil supremacy and military professionalism in the execution of his main tasks, he said.

The formulation of the bill continued to progress, the DPR deciding to bring the priority legislation program to a plenary meeting for new deliberations to a higher level.

According to the plan, the meeting is scheduled for Thursday, March 20, 2025).

That said, it can be assumed that the bill is almost ready to become law, time being the only obstacle to the following, especially since President Prabowo suffered has given his approval for his drafting.

The chairman of the commission i utut adianto confirmed it after meeting the head of state on Wednesday, saying that President Prabowo has no objection to the proposed modifications to the TNI law.

Pin the hopes on the invoice

The Indonesian nation undoubtedly owes a lot to its soldiers and soldiers who have always shown their strength and dedication to protecting national integrity.

At the end of September 1965, for example, the army, then called shelter (Armed Forces of the Republic of Indonesia), played a crucial role in the defense of the nation against a bloody uprising initiated by a now disappeared communist party which sought to undermine the fundamental ideology of Pancasila in Indonesia.

From time to time, the military also played a key role in keeping the country together in the midst of several separatist movements.

However, it would be reckless for the nation to neglect the need to restrict the involvement of active soldiers in civil institutions and cases unrelated to their main function.

The country's request for civilian supremacy finally led to the abdication of President Soeharto in 1998, marking the end of the era of the new order and the dawn of the Reformasi era.

This change has deprived the army of its long -standing rights to positions in civil institutions, including parliament.

It is natural that political decision -makers at present to learn and consider these civilian military dynamics during the formation of the strategic role of the TNI, while maintaining national interests a priority.

Consequently, the drafting of the TNI bill should guarantee that the military remains in the field which is granted to it in this time of reform.

Revisions should clearly dictate that active military personnel serving civil situations will be linked by the rules, regulations and administrative provisions applicable in the institutions where they are displayed.

It is essential that the DPR, in writing of the bill, keeps the voices of people in mind and responds to their request for a more reliable and more professional TNI which remains under the control of the civil administration.

In this way, the TNI bill can help soldiers to strengthen its presence in society and to solidify its role in the protection of the country without compromising the principles of democracy and civilian supremacy to which the nation adheres.

Related news: DPR approves a continuous discussion on the military bill in the Plenary meeting

Related news: Parliament guarantees civil supremacy in military law revisions

Publisher: Rahmad Nasution
Copyright © between 2025