TNI Law Revision Fiasco: Here Are the Articles to be Revised

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March 17, 2025 | 12:37 pm

TEMPO.CO, Jakarta - The revision of Law Number 34 of 2004 concerning the Indonesian National Armed Forces or the TNI Law Revision has become the main focus of discussion in the House of Representatives (DPR) Commission I. Minister of Defense (Menhan) Sjafrie Sjamsoeddin revealed that there are three crucial aspects in the TNI Bill that will undergo changes, concerning the position of the TNI, extension of the active service period of soldiers, and the assignment of military personnel to civilian positions.

"On behalf of the government, I also convey that the implied meaning in the draft law is threefold," said Sjafrie in a Working Meeting with DPR Commission I in Central Jakarta on Tuesday, March 11, 2025.

1. TNI Position in UU TNI (Article 3)

The first issue discussed in this revision is the position of the TNI. Currently, the provisions regarding the position of the TNI are regulated in Article 3 of UU TNI, which reads as follows:

- Article 3 paragraph (1): "In the deployment and use of military force, the TNI is under the President's authority."
- Article 3 paragraph (2): "In defense policy, strategy, and administrative support, the TNI is under the coordination of the Ministry of Defense."

However, Sjafrie did not specify whether the proposed revision will change the hierarchy or coordination structure of the TNI. He only stated that further discussion details will be carried out in the next meeting with DPR Commission I. One issue that may arise is whether this revision will give greater authority to the TNI in making strategic decisions without going through the Ministry of Defense coordination.

2. Extension of the Active Service Period of TNI Soldiers (Article 53)

The second proposed change in the UU TNI revision is related to the retirement age of TNI soldiers. Currently, Article 53 of UU TNI regulates the retirement age as follows:

Article 53 paragraph (1): "Soldiers shall perform military service duty until the highest age:
a. 58 (fifty-eight) years for officers,
b. 53 (fifty-three) years for non-commissioned officers and enlisted personnel."

In the proposed revision, the government proposes an increase in the retirement age as follows:

- Enlisted personnel: 56 years
- Non-commissioned officers: 57 years
- Lieutenant Colonel: 58 years
- Colonel: 59 years
- One-star General: 60 years
- Two-star General: 61 years
- Three-star General: 62 years
- Four-star General: The length of their military service will be determined by the president's policy.

In addition, there is a proposal that soldiers occupying certain functional positions can continue their service until the age of 65. The government also proposes that officers who have reached retirement age, but still meet the requirements, can be re-recruited as reserve component officers.

3. Assignment of TNI Soldiers to Civilian Positions (Article 47)

The third change in the UU TNI revision concerns the assignment of active soldiers to civilian positions. Currently, Article 47 paragraph (2) of the UU TNI limits active soldiers to occupy 10 civilian positions without having to resign from military service, namely:

- Office in charge of State Politics and Security Coordination
- Ministry of Defense
- Presidential Military Secretary
- National Intelligence Agency
- State Cipher Agency
- National Resilience Institute
- National Defense Council
- National Search and Rescue Agency
- National Narcotics Agency
- Supreme Court

In the proposed revision, the government proposes to expand the civilian positions that can be held by active soldiers, including:

- Ministry of Marine Affairs and Fisheries
- National Disaster Management Agency (BNPB)
- National Counterterrorism Agency (BNPT)
- Maritime Security
- Attorney General's Office

However, the revision also stipulates that soldiers holding civilian positions outside the list must resign or retire from active duty before taking up the position.

President Prabowo Subianto has instructed the Ministry of Defense that TNI soldiers assigned to ministries or agencies must take early retirement. The TNI Law revision has been established as a Priority National Legislative Program (Prolegnas) for 2025. President Prabowo sent a Presidential Letter (Surpres) with Number R12/Pres/02/2025 on February 13, 2025, to appoint government representatives in the discussion of this UU revision.

Nabiila Azzahra and M. Raihan Muzzaki contributed to the writing of this article.

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