Hanin Marwah, Jakarta – Hendardi, Chairperson of the National Council of the SETARA Institute, criticized the discourse on involving the Indonesian National Armed Forces (TNI) in counterterrorism. He cited several reasons why the government's move to involve the TNI in counterterrorism could undermine the justice system and civil supremacy in Indonesia.
Hendardi explained that according to Law Number 5 of 2018, terrorism is a criminal act, so its handling must be carried out through the criminal justice system, with the police as the primary law enforcer.
"To date, the TNI has not been subject to the general justice system, resulting in systemic chaos in ensuring TNI accountability in the event of violence and human rights violations in counterterrorism," he said in a written statement on Monday, January 19, 2026.
The government is reportedly finalizing a draft presidential regulation that would grant the TNI broad authority to be directly involved in counterterrorism. This news emerged after the draft Presidential Regulation on the Duties of the Indonesian National Armed Forces in Countering Acts of Terrorism circulated publicly.
Hendardi criticized the militaristic approach contained in the draft presidential regulation. In it, he said, the government delegates the functions of deterrence, enforcement, and recovery to the Indonesian National Armed Forces (TNI).
According to Hendardi, the term "deterrence" does not exist in the Anti-Terrorism Law. By granting intelligence and territorial operations authority to the military for domestic matters, it shifts the handling of terrorism from law enforcement to military operations (militaristic).
Hendardi highlighted the ambiguous clause in the draft presidential regulation circulated in early January 2026. He stated that the use of the term "other operations" is open to interpretation, potentially misused for political power interests, threatening civil liberties and undermining democracy. The regulation does not specify the level of escalation of terrorism that objectively warrants TNI involvement.
"The lack of explanation regarding the objective conditions referred to will create legal uncertainty that could potentially violate citizens' constitutional rights," he said.
In a democratic state, the TNI's primary function is national defense from external threats. Therefore, the TNI should be optimized to safeguard national sovereignty. Therefore, TNI involvement should be a last resort, deployed in special and emergency situations.
"Not only in the eradication of terrorism, but also in a number of other crimes that threaten the territorial integrity and jurisdiction of the state," he said.
Minister of State Secretary Prasetyo Hadi stated that the plan to involve the Indonesian National Armed Forces (TNI) in counterterrorism is not yet finalized. He stated that the expansion of the TNI's authority is still under discussion. According to Prasetyo, the government has not yet determined the legal form for the TNI's new role. "It hasn't been decided yet (whether it will be a government regulation or a presidential regulation), we'll see," Prasetyo told the media at the Presidential Palace Complex in Jakarta on Monday, January 19, 2026.
Source: https://en.tempo.co/read/2081603/setara-involving-tni-in-counterterrorism-risks-civil-supremac