Indonesia: Rejection of the Problematic and Rushed Amendments to Law No. 34/2004 on the Indonesian National Armed Forces (TNI Law)

Following the fall of President Suharto’s “New Order” regime in 1998, Indonesia undertook reforms to dismantle the dual function (dwifungsi) of the Indonesian National Armed Forces (TNI), which allowed military personnel to be involved in government, political affairs, and law enforcement, extending their influence far beyond their traditional defense functions. These reforms were intended to restore civilian supremacy over the military, strengthen democratic governance, and improve human rights protections. A key milestone in this process was the enactment of the Law No. 34/2004 on the TNI (TNI Law), which sought to ensure the neutrality of the military in politics and governance.

However, Indonesia’s military reform has not only stalled, it has actually regressed. Under the administration of President Prabowo Subianto, the government is actively pushing for a controversial revision of the 2004 TNI Law, that would allow active military personnel the authority to hold 16 governmental positions and significantly expand the military’s non-combat roles. In particular, Commission I (DPR RI) member Tubagus (TB) Hasanuddin, has indicated that the proposed amendments would allow the military to engage in non-combat operations, including direct involvement in drug interdiction.

This proposed amendment raises serious concerns. Giving the military a role in civilian law enforcement - particularly in cooperation with the National Narcotics Agency (BNN) and the police - creates legal and political ambiguities reminiscent of the “war on drugs” approach, that have often been associated with human rights abuses. Moreover, increased military involvement

in civilian affairs directly undermines the principle of civilian supremacy over the military, a fundamental tenet of Indonesia’s security sector reform. The proposed revision has met with strong and widespread opposition from civil society groups, as it not only fails to advance the TNI’s reform agenda but also significantly reverses its progress.

First, Article 47 of the circulating draft of the TNI Bill, obtained by our organizations, states that active TNI personnel may hold positions in ministries or other institutions that require their expertise, in accordance with the presidential policy. This provision creates legal uncertainty andpotentially undermines the law enforcement role of the military. While both the military and the police are classified as civil servants (ASN) in Indonesia, they operate under different ethical codes and enforcement mechanisms. Unlike police officers, TNI personnel are subject to the jurisdiction of the military courts. If active military personnel in ASN positions commit crimes, they would still be tried in a military court - which is known to have little to no transparency - rather than in a civilian court. If the House of Representatives and the government are truly committed to upholding the mandate of reform, civilian supremacy, democracy, and human rights, their priority should be to revise the Military Tribunal Law rather than to amend the TNI Law. Instead, the Indonesian House of Representatives (DPR-RI) has failed to take up the long-overdue revision of the Military Tribunal Law.

Second, the proposed revision of the TNI Law includes a troubling expansion of the military’s authority in “operations other than war” (OMSP) to address cyber threats, including those that target cognitive and virtual dimensions such as social manipulation and information pollution. This vague and overly broad mandate risks militarizing cyberspace, effectively granting the TNI a role in policing online activities. Such an expansion, however, is highly susceptible to abuse. By framing cyber threats as existential threats - or even classifying them as cyberwarfare - the government could justify coercive measures, including censorship, mass and intrusive surveillance, and restrictions on online freedom of expression, which severely undermine fundamental human rights.

Third, the revision of the TNI Law has been rushed through with minimal public participation and a severe lack of transparency in the drafting process. This is in direct contradiction to the principle of meaningful and worthwhile public participation in lawmaking. On 14 - 15 March 2025, the government and the DPR-RI held a closed-door meeting at the Fairmont Hotel in Jakarta to expedite the discussion of the TNI Bill. This directly contradicts an earlier statement by DPR Deputy Speaker, Adies Kadir, who stated that the bill would not be passed before the 2025 Eid holiday - the House of Representatives recess period - and that its approval could only take place in the next parliamentary session. Instead of following a transparent legislative process, the Government and the DPR chose to discuss the bill behind closed doors at a luxury hotel over the weekend, raising serious concerns about the lack of transparency and public accountability, and the absence of evidence-based policymaking.

This blatant disregard for transparency violates Article 25 of the International Covenant on Civil and Political Rights (ICCPR) – to which Indonesia is a state party– which guarantees the right to participate in public affairs, including legislative processes. Additionally, it contravenes the commitments Indonesia made in the 4th cycle of the Universal Periodic Review in 2022, where the government pledged to enhance meaningful and inclusive dialogues with the national human rights institution, civil society organizations, academia and other stakeholders. Such secrecy casts doubt on the legitimacy of the process and raises alarms over the motives behind these amendments. A lack of transparency in legislative processes often correlates with efforts to limit criticism and oversight, which are essential functions of the press.

Furthermore, the government’s rush to amend the TNI Law stands in stark contrast to its prolonged inaction on other critical human rights commitments. Despite pledging for over a decade, Indonesia has failed to ratify key international human rights treaties, including the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), the Optional Protocol to the Convention Against Torture (OP-CAT), the Genocide Convention, and the Rome Statute - all of which are crucial for the protection and enforcement of human rights.

Adding to these concerns, activists who have voiced their opinions and concerns over the proposed revision to the TNI Law have faced escalating intimidation and harassment. Colleagues from The Commission for the Disappeared and Victims of Violence (KontraS) have reported anonymous threats, visits from unidentified individuals, and even police summons for “clarifications” from the Greater Jakarta Metropolitan Regional Police (Polda Metro Jaya). These incidents followed a peaceful intervention by KontraS members on 15 March 2025, when they entered the Fairmont Hotel meeting room to peacefully urge lawmakers to halt the closed-door deliberation.

In light of the concerns raised, the undersigned civil society organizations:

1.) STRONGLY REJECT the rushed and deeply flawed process of the TNI Law revision.

2.) URGE the Indonesian Commission I of the House of Representatives to immediately suspend all discussions on the TNI Bill until a transparent, inclusive, and accountable process is established, and that no further steps are taken toward its passage until legal reforms are made to safeguard civilian supremacy, accountability and human rights.

3.) DEMAND that the Indonesian Government guarantee comprehensive protection of human rights defenders, activists and civil society organizations who have expressed concerns over the problematic revision of the TNI Law and who face intimidation or harassment for their participation in this democratic process.