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TEMPO.CO, Jakarta - The Civil Society Coalition for Security Sector Reform plans to challenge the revision of Military Law (TNI Law) by filing a judicial review with the Constitutional Court.
According to Ardi Manto Adiputra, Executive Director of Imparsial, this legal challenge serves as a corrective measure against the formal and material flaws in the recently ratified TNI Law revision.
"This is a critique of the effort to legalize TNI's dual function through the ratification of the TNI Law revision. The coalition will submit a judicial review of the TNI Law," said Ardi in his statement on Thursday, March 27, 2025.
Imparsial, a non-profit organization focused on human rights and security sector issues, is part of the civil society coalition. Ardi emphasized that the ratification of the revision of Law Number 34/2004 concerning the Indonesian National Military, which took place during the House of Representatives plenary session on March 20, 2025, marks yet another bad precedent in the legislative process.
He further noted that the legislative process—from deliberation to ratification—faced widespread public opposition, which persisted even after the law was passed.
Al Araf, a researcher at Centra Initiative, criticized the legislative process behind the TNI Law revision, describing it as flawed and lacking adherence to proper legislative drafting principles. The civil society coalition also identified several substantive issues within the revised law.
Centra Initiative, an organization specializing in security issues, is also part of the coalition. Al Araf argued that the revision process was problematic in multiple ways. Firstly, it was rushed, providing little opportunity for public involvement or meaningful participation.
"Various dialogues with academics and civil society elements in public hearings should demonstrate the urgency and open, wider dialogue," said Al Araf on the same occasion, Thursday, March 27, 2025.
However, discussions were held behind closed doors in hotels and during public holidays, further restricting public engagement. Al Araf pointed out that this approach reflects the House's low commitment to transparency and openness in the legislative process.
Secondly, the coalition argues that rather than addressing key issues necessary for advancing TNI's transformation into a professional military force, the TNI Law revision appears politically driven and fails to promote genuine reform.
Al Araf highlighted that the revised law does not address crucial military transformation agendas, such as reforms in military justice. During public hearings, civil society groups urged the repeal of Article 74 of the TNI Law, which would allow TNI soldiers involved in civilian crimes to be tried in civilian courts.
He also noted that the revision neglects other essential aspects, including the establishment of the Military Assistance Task Bill, modernization of defense systems, soldier welfare, transparency, and accountability.
"Instead of discussing substantive issues, the House ratified provisions that expand the placement of the TNI in civil positions, regulate military operations other than war, and grant additional authority, and so on," he said.
Moreover, the coalition suspects an attempt to expand the TNI’s role in civilian affairs—a return to the dual function doctrine—through a judicial review of the TNI Law filed by Colonel Sus Halkis.
Halkis, an active TNI member and professor at the University of Defense, challenged the prohibition on business activities for active-duty soldiers, arguing that the restriction is unconstitutional and limits soldiers' rights as citizens.
The ratification of the TNI Law revision has sparked protests from various groups, including civilians and students. As of Thursday, March 27, 2025—one week after the ratification—demonstrations rejecting the law continued in multiple cities.
Additionally, a group of seven law students from the University of Indonesia (UI) also filed a judicial review of the TNI Law with the Constitutional Court. Abu Rizal Biladina, their legal representative, argued that the law’s formation process was unconstitutional.
"The formation was strange and rushed," said Abu Rizal at the Constitutional Court building in Jakarta on Friday, March 21, 2025.
Meanwhile, Major General Kristomei Sianturi, Head of the TNI Public Information Center , denied that the TNI Law revision was rushed, asserting that it had already involved public participation.
The two-star TNI general stated that discussions on the revision had been ongoing since 2010. "Then it entered the national legislation program (Prolegnas) in 2015 to 2019," said Kristomei in an online discussion of the TNI Law revision on Tuesday, March 25, 2025.
As the revision was not enacted during that period, it was reintroduced in the 2020-2024 Prolegnas, where it was ranked 127th but remained undiscussed until the end of the House term. "This means the discussion of the plan to revise Law Number 34/2004 had gone through the necessary stages," he said.
Kristomei emphasized that the revision process adhered to the principle of civilian supremacy and was conducted in accordance with democratic norms and legal procedures, including the preparation of an Inventory List of Problems (DIM).
M. Rizki Yusrial and Andi Adam Faturahman contributed to the writing of this article.
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