Indonesian Military's Expanded Role in Draft Regulation Sparks Civil Society Concerns
Translated from Indonesian, summarized and contextualized by DistantNews.
TLDR
- A coalition of civil society groups is raising concerns about a draft government regulation that could expand the Indonesian military's (TNI) authority into civilian affairs.
- The draft regulation, stemming from the TNI Law, is criticized for blurring the lines between military and civilian roles and potentially creating overlapping functions with other state institutions.
- Specific clauses related to judicial assistance and non-combat operations are flagged as problematic, potentially allowing the TNI to engage in law enforcement and civil matters without clear limitations.
A coalition of civil society organizations focused on security sector reform has voiced strong objections to the proposed Government Regulation (RPP) concerning the duties of the Indonesian National Armed Forces (TNI). The coalition argues that certain provisions within the draft RPP risk undermining democratic principles by excessively expanding the military's mandate into areas traditionally handled by civilian authorities. Bharata Ibnu Reza, Executive Director of De Jure and a spokesperson for the coalition, stated that the draft's substance could obscure the primary duties and authorities of military personnel by broadening their involvement in civilian matters, despite the expectation that soldiers should focus solely on national defense.
Materi Rancangan PP Tugas TNI juga memuat sejumlah klausul yang cenderung bersifat multi-interpretatif sehingga mengandung ketidakpastian yang sepantasnya dihindari
The coalition has identified several particularly contentious clauses. Among these is Article 9, Paragraph 3, Letter G, which includes 'judicial assistance operations.' The explanatory notes for this section are deemed insufficient, merely stating 'sufficiently clear.' The coalition contends that this provision, which involves the TNI in law enforcement processes, directly contradicts the principle of due process of law as outlined in Indonesia's Criminal Procedure Code. By potentially placing the TNI on par with the police, prosecutors, and even the judiciary, this clause raises concerns about the separation of powers and the integrity of the legal system.
Tentunya bertentangan dengan prinsip due process of law dalam sistem peradilan pidana terintegrasi yang telah diatur dalam Undang-undang Nomor 20 Tahun 2025 tentang KUHAP
Furthermore, Article 9, Paragraph 3, Letter H, addressing 'non-combat operations,' is also under scrutiny. The draft regulation defines these operations broadly, including 'other operations according to needs.' The coalition fears this vague definition could legitimize the TNI's penetration into civilian affairs and allow for independent military operations beyond traditional warfare without adequate oversight or inter-agency coordination. The coalition also points to Articles 48 through 69, which deal with the military's role in cyber defense, as potentially creating significant functional overlap and jurisdictional conflicts with institutions like the National Cyber and Crypto Agency (BSSN), the Ministry of Communication and Digital, the National Police, and the State Intelligence Agency (BIN). This broad expansion of military duties, the coalition argues, is a dangerous step that could erode civilian control and democratic governance in Indonesia.
Pasal-pasal itu sangat berisiko terjadi overlapping fungsi dan wewenang dengan sejumlah institusi
Originally published by Tempo in Indonesian. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.