2 days ago
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March 28, 2025 | 09:05 pm
TEMPO.CO, Jakarta - Widespread protests calling for the repeal of the TNI Law continue to unfold across multiple regions in Indonesia, with thousands of civilians taking to the streets to voice their opposition to its ratification.
Usman Hamid, a representative of the Civil Society Coalition for Security Sector Reform, views these large-scale demonstrations as a sign of public awareness regarding the resurgence of the military's dual function.
"This contradicts the spirit of reform, which upholds civilian supremacy," Usman stated when contacted on Friday, March 28, 2025.
Usman added that beyond restoring the TNI's dual function and weakening civilian supremacy, the TNI Law was drafted through an unusual process with little public involvement.
He mentioned that the lack of public participation is not a one-time occurrence in the House of Representatives deliberation and drafting of bills, but rather a frequent issue.
"The public has clearly rejected it, but then it is ignored," he said.
Separately contacted, Charles Simabura, a Constitutional Law Lecturer at Andalas University, stated that the House's disregard for public participation is not something new.
He cited that in 2022, the House attempted to overhaul Law Number 12 of 2011 concerning the Formation of Legislation to accommodate the terminology of the Omnibus Law.
The problem is, this revision was done in a reckless manner to legitimize Law Number 11 of 2020 concerning Job Creation, which was previously conditionally declared unconstitutional by the Constitutional Court.
"There are interests underlying why it needs to be rushed and disregard meaningful participation," said Charles.
Yance Arizona, a Constitutional Law Lecturer at Gadjah Mada University, stated that the hasty deliberation of bills in the DPR often leads to formal-material judicial review petitions in the Constitutional Court.
According to him, the numerous petitions submitted to the MK against bills deliberated in the DPR indicate how reckless the legislative process undertaken by legislators in Senayan is.
"It means (the numerous petitions) indicate that the legislative process is done haphazardly without considering anything," said Yance.
He also urged for the deliberation of other bills such as the Criminal Procedure Code and the Police Law to be conducted in accordance with the procedures and the Constitutional Court's ruling that requires meaningful participation.
Vice Chairman of the House's Law Commission Hinca Panjaitan stated that his commission will involve significant public participation in the deliberation and drafting process of bills, including the KUHAP and Police Law bills.
"It is an obligation, not something that can be negotiated," said Hinca.
On March 20, amidst the wave of rejection, the 15th plenary session of the DPR in the second session of 2024-2025 ratified the TNI Law into legislation.
Deputy Speaker of the House of Representatives for Politics and Security Sufmi Dasco Ahmad responded to the wave of rejection from civil society towards the ratification of the TNI Law.
"It's just the dynamics of politics, isn't it? It's a democracy," said Gerindra Party politician.
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