MEMBEDAH FULL POLEMIK REVISI UU TNI: ANTARA REFORMASI & KONTROVERSI!

Summary

The speaker discusses concerns about the TNI Bill passed on March 20, 2025, focusing on both procedural and substantive issues. Procedurally, the bill is criticized for a rushed process with inadequate public participation. Substantively, it raises alarms about the military's expanding role in civilian governance, including military appointments to civilian positions and new tasks like cyber defense. The speaker highlights potential risks to democratic governance and meritocracy. Trust in the TNI remains high, but the bill’s provisions could lead to increased military influence in civilian matters, potentially undermining constitutional principles.

Takeaways

• 😀 The Indonesian TNI Bill (RUU TNI) was passed on March 20, 2025, and shortly after, a judicial review was filed by a group of UI students.
• 😀 There are concerns regarding procedural issues in the creation of the TNI Bill, specifically about its rushed drafting, lack of transparency, and failure to meet meaningful public participation principles.
• 😀 Meaningful participation in the legislative process involves three key rights: the right to be heard, the right to have inputs considered, and the right to be explained why some inputs are not included.
• 😀 Similar issues arose with the Omnibus Law on Job Creation, which was ruled unconstitutional by the Constitutional Court due to procedural flaws, which may also affect the TNI Bill.
• 😀 The TNI Bill includes a new provision stating that TNI is subject to national political decisions, which has raised concerns about military intervention in civil government affairs.
• 😀 There is a new provision in the TNI Bill that assigns military operations beyond war, such as tackling cyber threats and protecting national interests abroad, which critics argue falls within civil government responsibilities, not military.
• 😀 The TNI Bill expands the number of civil positions that can be filled by active military personnel, raising fears of military dominance in civilian roles and a shift towards authoritarianism.
• 😀 Concerns are raised about the legal implications of military personnel occupying civilian roles, particularly in cases of corruption, with debates over whether military personnel in these roles should be subject to military or civilian courts.
• 😀 A public survey by Prof. Burhanuddin from 2018-2021 shows that the TNI is highly trusted by the public, primarily due to its professionalism in national defense, rather than its involvement in civil roles.
• 😀 There is a call for limiting the military's entry into civilian government positions to ensure meritocracy and prevent undermining the civilian governance structure, and for ensuring that once military personnel transition to civilian roles, they are no longer active in the military.
• 😀 The outcome of the judicial review depends on whether the petitioners can prove that the TNI Bill violates the constitution through procedural flaws or substantive issues related to military involvement in civilian governance.

Q & A

What are the main procedural concerns raised by the students regarding the drafting of the TNI bill?

The students raised concerns about the rushed and non-transparent process of drafting the TNI bill. They argued that the bill did not adhere to the principle of 'meaningful participation,' which requires that all affected stakeholders be adequately involved in the legislative process and given the opportunity to provide input.

What does 'meaningful participation' entail in the context of legislative processes?

'Meaningful participation' refers to three key rights: the right to be heard, the right to have input considered, and the right to be provided with explanations if certain inputs are not adopted. This principle ensures that all stakeholders have a chance to influence the outcome of legislation.

What is the issue with the phrase 'under the policy and political decisions of the state' in the TNI bill?

The phrase 'under the policy and political decisions of the state' has raised concerns about the potential for political intervention in the military's role, which could affect the civilian government. Critics worry this could blur the lines between the military's primary function of national defense and political influence.

What additional tasks are being assigned to the military under the new TNI bill?

The bill includes new tasks for the military, such as helping to combat cyber threats and protecting citizens and national interests abroad. These tasks are seen as falling outside the military's traditional scope, raising concerns about military involvement in civilian matters.

What concerns are raised about the military filling civil positions under the new TNI bill?

The bill allows for an expansion of military personnel in civilian roles, which some argue could lead to military dominance over civilian governance. There are concerns that this could undermine democracy by concentrating power in the military and diminishing the role of civilian oversight.

What historical context is referenced regarding military dominance in government positions?

The speaker refers to past instances of military dominance in government, often characterized by authoritarian rule and a security-focused approach to governance, which undermines civil welfare priorities.

What is the concern about military personnel being tried under military courts if involved in civil misconduct?

The concern is that military personnel who hold civilian positions and commit crimes, such as corruption, should be tried in civilian courts, not military courts. Allowing military personnel to be tried under military jurisdiction in civilian roles could undermine fairness and accountability.

What did Prof. Burhanuddin’s research reveal about the public trust in the TNI?

Prof. Burhanuddin’s research indicated that from 2018 to 2021, the TNI had high public trust, often ranking at the top, ahead of institutions like the President and the KPK. This trust stemmed from the perception of the TNI as a professional force focused on national defense, not involved in civilian matters.

How should the military’s involvement in civil governance be restricted according to the speaker?

The speaker suggests that the military’s involvement in civil governance should be limited. Specifically, military personnel should not hold civilian government positions unless they transition to a non-active military role. This would ensure the integrity of civil governance and prevent the erosion of meritocracy.

What are the potential legal implications if military personnel violate civil law while holding civilian roles?

If military personnel in civilian roles commit crimes such as corruption, they should be subject to civilian legal processes, not military tribunals. This distinction is critical to ensuring fairness and preventing abuses of power that could arise from the military’s control over both defense and civilian governance.