Salman Mardira, Jakarta – The House of Representatives (DPR) is pushing to finalize the revision of Law No. 34/2004 on the Indonesian Military (TNI) before the legislative recess on March 21. However, the proposed changes have sparked concerns over a potential revival of the dual-function role of the military, reminiscent of the New Order era.

TNI Commander General Agus Subiyanto said the existing military law is outdated and must be revised to address current challenges. "Adjustments are necessary to tackle various issues in implementing the fundamental norms of state policy and political decisions," Agus said during a hearing with the House of Representatives' Commission I on Thursday.

Key objectives of the revision

Defense Minister Sjafrie Sjamsoeddin outlined four main objectives of the revision during a separate hearing on March 11, 2025:

• Strengthening policies on modernizing defense equipment and the domestic defense industry.
• Clarifying the boundaries and mechanisms for TNI involvement in non-military tasks.
• Improving soldiers' welfare and social security benefits.
• Adjusting leadership structures, career paths, and retirement ages in line with organizational needs.

Changes to key articles

The revision focuses on three primary articles: Article 3, Article 47, and Article 53.

Article 3: TNI's position

This article outlines the military's position under the president's command in military deployment and operations, while its defense policy and administrative support fall under the Defense Ministry. The revision aims to reinforce TNI's role within the state structure.

Article 47: Military personnel in civilian positions

The current law restricts active military personnel from holding civilian positions unless they retire or resign from service. The revision proposes increasing the number of civilian posts available to TNI personnel from 10 to 15, including roles in the Coordinating Ministry for Political, Legal, and Security Affairs, the Attorney General's Office, and the Supreme Court.

The Civil Society Coalition for Security Sector Reform has criticized this change, warning that it blurs the distinction between military and civilian domains. "This risks undermining civilian supremacy in governance and increasing military dominance in bureaucracy," the coalition stated.

TNI Commander Agus emphasized that military placements in civilian institutions would still respect democratic principles and maintain a clear separation between military and civilian roles.

President Prabowo Subianto has recommended that TNI personnel assigned to civilian positions should be required to resign or retire from the military to ensure clear separation between civil and military spheres.

Article 53: Military retirement age

The proposed changes will adjust retirement ages based on rank:

• Enlisted personnel: 56 years
• Non-commissioned officers: 57 years
• Officers (up to lieutenant colonel): 58 years
• Colonels: 59 years
• One-star generals: 60 years
• Two-star generals: 61 years
• Three-star generals: 62 years
• Four-star generals: Retirement at the president's discretion
• Military personnel in functional roles may serve until the age of 65.

Additional controversial revisions

Article 39 – The proposed removal of the prohibition on active-duty soldiers engaging in business activities has raised concerns among civil society groups. "Rather than lifting this restriction, the government and TNI should focus on improving soldiers' welfare," the coalition urged.

Article 65 – The dual-court system for military personnel, where they are subject to military courts for military crimes and civilian courts for general offenses, remains a contentious issue.

Source: https://jakartaglobe.id/news/breaking-down-the-tni-law-revision-key-changes-and-controversie