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New Indonesian Military Law sparks concerns about human rights and democracy

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Human Rights Monitor - March 20, 2025

Indonesia – On 20 March 2025, the Indonesian House of Representatives (DPR) officially adopted amendments to Law Number 34 of 2004 on the Indonesian National Army (TNI). Despite widespread criticism and protests from civil society, student groups, and human rights organisations, the new TNI Law introduces significant changes with profound implications for democracy and human rights.

Civilian positions opened to active military personnel

Among the most contentious amendments is Article 47, which now permits active TNI soldiers to hold positions in 14 civilian ministries and agencies. These include institutions involved in politics, security, state intelligence, cyber security, disaster management, narcotics control, maritime security, the Attorney General's Office, and even the Supreme Court. Previously, active military personnel had to retire or resign before taking civilian posts, maintaining a clearer division between civilian governance and military functions. This expansion raises fears of a return to the controversial dual-function doctrine (dwifungsi) practiced under former President Suharto's New Order regime, threatening civilian supremacy and democratic oversight.

Extended retirement ages for senior officers

Article 53 revises retirement ages, extending them based on rank. Non-commissioned officers and enlisted soldiers now retire at 55 (previously 53), colonels at 58, and generals at varying ages up to 63 years, with potential further extensions via Presidential Decree. Critics argue that prolonged service periods could entrench military influence in politics and governance, limiting opportunities for necessary generational renewal and transparency.

Expanded military role in cybersecurity and overseas protection

The new law adds two tasks to the TNI's responsibilities in Article 7, explicitly involving military assistance in cybersecurity and the protection of citizens and national interests abroad. These additional duties have raised concerns about blurred lines between military and civilian authority, particularly in cybersecurity, an area historically managed by civilian-led agencies.

Democratic backlash and demonstrations

The adoption of the law has sparked widespread protests. Demonstrations erupted immediately in multiple cities, including Jakarta and Makassar, with protesters asserting that democracy had been "killed in the DPR." In Makassar, students from the Makassar Coalition to Reject the TNI Bill staged continuous protests demanding a reversal of the law's ratification, denouncing the reintroduction of military dual-function doctrines. Similar demonstrations and public discussions opposing the amendments have occurred nationwide, reflecting significant dissatisfaction and fear regarding the direction of Indonesia's governance.

Meanwhile, the Indonesian military and politicians in the DPR rejected accusations of authoritarian backsliding. General Agus Subiyanto, the TNI Commander, stated that the amendments would preserve civilian supremacy and military professionalism. Similarly, Defense Minister Sjafrie Sjamsoeddin assured the public that the TNI would remain a professional "people's army" dedicated to safeguarding national sovereignty.

However, recent developments indicate increasing attempts to suppress public dissent against the new law. A closed-door meeting on the amendments held at the Fairmont Hotel in Jakarta became controversial when three civil society activists protesting the secretive process were reported to the police by hotel security (see photo on top, screenshot), allegedly for disturbing public order. The Indonesian Legal Aid Foundation (YLBHI) criticized the police report as an act of criminalization intended to silence legitimate criticism and obstruct civic participation.

A coalition of 34 civil society organizations under the Human Rights Working Group (HRWG) strongly opposed the amendments, highlighting their incompatibility with Indonesia's international human rights obligations. HRWG emphasized that the revisions contradict recommendations from the United Nations Human Rights Committee, Universal Periodic Review, and key international human rights treaties ratified by Indonesia, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT). The coalition warned of severe diplomatic repercussions and potential downgrades in Indonesia's civil liberties ratings, urging the establishment of an independent committee involving Indonesia's National Commission on Human Rights (Komnas HAM), human rights victims, and civil society to thoroughly review and reassess the law.

Human rights and international obligations

Amid intensifying protests and international concerns, the Indonesian government's commitment to democracy, human rights, and military professionalism faces intense scrutiny both domestically and globally. Human rights organizations continue to demand accountability and adherence to Indonesia's national and international obligations, urging the repeal or significant revision of the amendments to safeguard democratic governance and civilian oversight of the military.

The expanded military authority and weakening of civilian governance mechanisms present challenges to Indonesia's human rights commitments under international law. Relevant international instruments, including the International Covenant on Civil and Political Rights (ICCPR), emphasize the need for clear distinctions between civilian and military roles and the protection of civil liberties. Furthermore, according to the Minnesota Protocol and other international standards, the involvement of military personnel in civilian judicial processes or prosecutorial roles, such as through the Attorney General's Office, raises significant concerns about impartiality and justice.

Source: https://humanrightsmonitor.org/news/new-indonesian-military-law-sparks-concerns-about-human-rights-and-democracy

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