UU TNI 2004 vs 2025: Emang Dwifungsi Masih Ada? Di Sebelah Mananya? | Narasi Explains

Summary

The 2025 revision of Indonesia's TNI Law has sparked public debate, particularly regarding the military's expanded role in civil affairs. Key changes include the removal of the requirement for DPR approval in military operations, increased military responsibilities in cyber defense and protecting citizens abroad, and changes to military officers' retirement age and career longevity. These revisions may lead to an increased military presence in civilian governance, raising concerns about the balance of power between the military and civil sectors, and the potential blurring of lines between military and police duties.

Takeaways

• 😀 The Indonesian Parliament (DPR) has approved the 2025 revision of the National Military (TNI) Law, with the aim of updating the 2004 law.
• 😀 A major change in the revision is that the military can now undertake non-warfare operations without prior consultation with the DPR, giving the government more control.
• 😀 The revision introduces two new tasks for the military in cyber defense and protecting Indonesian citizens and national interests abroad.
• 😀 Critics, like the Civil Society Coalition for Digital Democracy, express concerns that expanding the military's role in cyber operations could lead to militarized coercive policies in civilian spaces.
• 😀 One of the key changes in the draft is the broadening of the TNI's responsibility in managing domestic security, shifting from just border defense to security across all land territories.
• 😀 The change in Pasal 8 could allow the military to intervene more freely in civilian matters, which may blur the lines between the duties of the police and the military.
• 😀 The revision proposes significant changes to military personnel management, including extending the retirement age for senior military officers, which could lead to career stagnation within the TNI.
• 😀 The revised law could lead to the reintroduction of military personnel holding civilian positions, a concept known as the 'dual function' doctrine that was prevalent during the New Order era.
• 😀 There are concerns that the military’s increased presence in civilian governance may result in the erosion of civilian control over the military.
• 😀 Despite some concerns, the draft has been officially approved, and the public is encouraged to participate in discussions and critiques to ensure it serves the best interests of the country.

Q & A

What is the significance of the TNI Law revision in Indonesia?

The revision of the TNI Law, specifically the 2025 draft, significantly expands the role of the Indonesian military, especially in civilian matters. It allows for broader military involvement in non-war operations without needing parliamentary approval and introduces new tasks like cybersecurity and protecting Indonesia's interests abroad.

How has the role of the military in non-war operations changed in the 2025 draft?

In the 2025 draft, the requirement for the government to seek parliamentary approval for non-war military operations (OMSP) has been removed. The military can now be deployed directly by the president or government, increasing their authority without needing consultation with the DPR.

What are the two new roles for the military introduced in the revised TNI Law?

The two new roles for the military in the revised TNI Law are to address cyber threats and to protect Indonesian citizens and national interests abroad, expanding their operational scope beyond traditional defense duties.

What are the concerns regarding the military's expanded role in cybersecurity?

There are concerns that expanding the military's role in cybersecurity could lead to militaristic policies in civilian domains, potentially infringing on civil liberties and overlapping with existing laws such as the ITE Law, which governs electronic information and transactions.

What change has been made in the military's mandate regarding land security?

The military's mandate has been expanded from securing only the border regions to now covering all land areas, which raises concerns about the military's involvement in domestic security and the blurring of boundaries between military and police duties.

How might the military's new role in managing security affect the police force?

The military’s broader role in managing domestic security could lead to overlap with the police's responsibilities, potentially confusing jurisdiction and creating a situation where the military is more involved in domestic law enforcement, which could undermine civilian authority.

How has the revision affected the retirement age and service of military personnel?

The revision of the TNI Law introduces provisions to extend the retirement age of military officers, particularly high-ranking generals. This change is seen as potentially exacerbating the issue of inactive officers within the military, creating a bottleneck in personnel management.

What is the potential issue with extending the retirement age for military officers?

Extending the retirement age could worsen the issue of 'non-job' officers, where personnel hold high ranks but lack active roles. This might lead to stagnation in military careers and prevent the promotion of younger officers, causing a potential backlog.

How does the concept of 'dual function' (dwi fungsi) relate to the changes in the TNI Law?

The concept of 'dual function' refers to the military's involvement in both defense and civilian sectors, a practice that was heavily emphasized during the New Order regime. While the 2025 draft does not explicitly allow active military personnel in political institutions, the expansion of military roles in civil governance and security might revive concerns about militarization.

What role does the 'territorial command system' play in the revisions to the TNI Law?

The territorial command system, which ensures military presence at every level of civilian governance, is central to the 'dual function' doctrine. The revised law could strengthen this system, allowing the military to operate more freely in civilian matters and potentially leading to greater militarization in everyday governance.