Jakarta, cartitleloans Indonesia
–
The advocacy team for the security sector reform stated the formal test decision of the Indonesian National Army Law (
TNI Law
) which was read out today, Wednesday (9/17), became a real test for the Constitutional Court (
MK
).
The advocacy team for the security sector reform consists of impartial, national PBHI, YLBHI, KontraS, Centra Initiative, Amnesty International Indonesia, ELSAM, Human Right Working Group (HRWG), Walhi, Setara Institute, LBH Jakarta.
Then LBH Press, LBH Community, LBH Surabaya Pos Malang, Alliance for Papua Democracy (ALDP), Asian Trend, ICJR, Jakarta Independent Journalist Alliance (AJI), Association of Indigenous Peoples Defenders (PPMAN), De Jure, and Center for Law and Policy Studies (PSHK).
“This decision cannot be seen as an agenda in ordinary legal cases. He is a real test of the integrity and commitment of the Constitutional Court to uphold the constitution, support the agenda of the security sector reform, and protect democracy from the increasingly strengthening threat of militarism,” the advocacy team said in a written statement on Tuesday (16/9).
The advocacy team views the process of forming a revision of the TNI Law containing many fundamental problems.The legislation process is carried out in a closed, hurry, and far from the meaningful principle of public participation.
The advocacy team said there was no open access to the academic manuscript or draft of the Draft Law during the process.Important meetings are carried out secretly, even held outside of workdays without live broadcasts, as if intentional to escape public supervision.
“The discussion of the TNI Law in the DPR also violates the correct legal rules,” he added.
In the trial, the advocacy team said the DPR and the government stated that the revision of the TNI Law was a follow-up to the Constitutional Court’s decision Number: 62/PUU-XIX/2021 so it needed to be processed quickly (fast track).
However, the revision was apparently not included in the list of open cumulative bills in accordance with DPR Decree Number 64/DPR RI/2024-2025, even though every follow-up of the Constitutional Court’s decision must be included in this list in accordance with Article 14 paragraph (2) and (3) DPR Rules.
“In the trial, it was also clearly seen that the DPR’s claim that this revision was a carry over from the previous period was also not supported by clear evidence. The discussion at the Legislation Body had not even reached the DIM stage, so the Carry Over requirement had not been met,” said the Advocacy Team.
In terms of substance, the advocacy team assessed that the TNI Law also contains many problems.
The revision submitted not only regulates the issue of retirement age as ordered by the previous Constitutional Court’s decision, but also expanded changes including defense strategic policies, military operations other than War (OMSP), the task of three TNI dimensions, as well as expanding space placement space for active soldiers in civilian positions.
The expansion is considered not in accordance with the mandate of the Constitutional Court’s decision so that it cannot be justified using a fast legislation mechanism.This is a tangible form of a bad political agenda to back the security sector reform.
Ferry Irwandi’s case
In his statement, the Advocacy Team alluded to the CEO case of Malacca Project Ferry Irwandi reported by the Commander of the Siber Unit (Dansatsiber) TNI Headquarters.
The action showed that there was an abuse of authority, where the TNI Satsiber which should focus on the defense of the state cyber was used to spy and intimidate citizens who convey criticism of government policies.
“If the revision of the TNI Law tomorrow is not canceled by the Constitutional Court, then worry about the criminalization and activities of spying citizens as in the Ferry Irwandi case will be rife,” said the advocacy team.
In addition, military involvement in OMSP lately is also quite alarming, after the riots at the end of August 2025.The TNI reportedly mobilized 73,000 troops to secure the Jakarta area.
“The Ferry Irwandi case and the mobilization of military members in Jakarta are proof that the new TNI Law has the potential to provide legitimacy to the military in the civil and cyber domains,” the advocacy team continued.
(FRA/RYN/FRA)
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