The government and Commission I of the House of Representatives (DPR) have begun discussing the revision of Law No. 34/2004 on the Indonesian Military (TNI), which has been put under the 2025 Priority National Legislation Program (Prolegnas).

Commission I has held a meeting with TNI Commander General Agus Subiyanto along with Army Chief of Staff General Maruli Simanjuntak, Navy Chief of Staff Admiral Muhammad Ali and Air Force Chief of Staff Air Chief Marshal Mohamad Tonny Harjono on Thursday, March 13, 2025.

There are a number of proposed changes or new inputs in the Government's Problem Inventory List (DIM) regarding the draft revision of the TNI Law. They include addition of civilian positions that can be held by active soldiers, the extension of the retirement age limit, to the proposal for the position of the TNI which can be under the coordination of the Ministry of Defense.

Several proposed revisions

First, the addition of civilian posts. According to the proposal written in the DIM, the new formulation of Article 47. Requests the addition of civilian posts that can be held by active soldiers.

Such as offices in charge of maritime affairs and fisheries, disaster management, counter-terrorism, maritime security and the Attorney General's Office (Kejagung).

The new formulation will expand the role of active soldiers in a number of other civilian posts. Article 47 paragraph 2 of the TNI Law has regulated a compromise to allow active soldiers to occupy positions in ten civilian posts.

The 10 institutions are in charge of coordinating the fields of national politics and security, national defense, the President's Military Secretary, state intelligence, state codes and the National Resilience Institute (Lemhannas).

In addition, the TNI can also actively hold positions in the National Defense Council, National Search and Rescue (SAR), National Narcotics and the Supreme Court.

Second, the addition of the retirement age limit. This formulation is written in DIM Article 53, which regulates the extension of the retirement age according to the military rank group or structure.

Previously the retirement age for non-commissioned officers and officers was 53 years old to 56 years old and 57 years old respectively. This formulation proposes a broader retirement age for officers.

Meanwhile, officers up to the rank of lieutenant colonel can serve until the age of 58, colonel 59, one-star high-ranking officers 60, two-star 61 and three-star 62.

In addition, specifically for four-star high-ranking officers, their military service period can be extended in accordance with presidential policy.

DIM Article 53 also makes special recommendations for soldiers holding functional positions to be able to carry out military service up to a maximum age of 65 years.

Article 53 of the current TNI Law stipulates that soldiers carry out military service until the age of 58 for officers and 53 for non-commissioned officers and privates.

Third, cyber security and drug eradication. The new formulation of the revised TNI Law also regulates the addition of the main duties of soldiers, such as dealing with cyber threats to dealing with the abuse of narcotics, precursors and other addictive substances, which are listed in DIM Article 7.

Critiques and concerns

A report by the Civil Society Coalition for Security Sector Reform on Thursday, March 6, 2025 has identified problematic proposals in the draft revision. One of the most contentious issues is the expansion of civilian positions that can be occupied by active-duty TNI soldiers. 

The proposed amendment to Article 47, Paragraph (2) introduces the phrase, "as well as other ministries/agencies requiring the expertise of active soldiers based on the President’s policy."

This addition significantly broadens the scope of civilian roles available to the military, beyond the ten institutions currently permitted under the existing law. Such an expansion risks blurring the boundaries between civilian and military domains, undermining the principle of civilian supremacy, and increasing the potential for military dominance in bureaucratic affairs.

Deploying TNI personnel outside their core defense function not only weakens their professionalism but also revives the outdated practice of the dual function of TNI (Dwifungsi TNI), which was abolished as part of Indonesia’s democratic reforms.

The coalition also suggests that the military’s primary role should remain national defense, rather than occupying civilian positions unrelated to their expertise. Moreover, allowing active-duty soldiers to hold civilian posts creates legal ambiguities regarding their jurisdiction in cases of misconduct, including human rights violations.

The proposed expansion of Article 47 would also disrupt civil service career structures by allowing a greater number of TNI officers to occupy civilian positions. Data from 2023 demonstrates that 2,569 active-duty TNI personnel were already placed in civilian roles, including 29 officers in agencies not covered by the current law. 

Such placements ignore the expertise, experience, and career progression of civil servants (ASN), undermining merit-based recruitment and professional development in government institutions.

Another alarming proposal is the removal of restrictions on TNI personnel engaging in business activities. This revision contradicts the principles of military reform and professionalism. The military is meant to focus on national defense, not commercial ventures, as business involvement could compromise their discipline, integrity, and loyalty to state duties. 

Instead of allowing TNI members to engage in business, the government should fulfill its responsibility to ensure their welfare through state-provided benefits and salaries, rather than shifting the burden onto individual soldiers.

The coalition also warns against the broader expansion of security forces’ roles, including through revisions to the Police Law. Instead of increasing the powers of TNI and Polri, the government and DPR should focus on strengthening oversight institutions such as National Human Rights Commission (Komnas HAM), National Police Commission (Kompolnas) and National Commission on Violence Against Women (Komnas Perempuan), rather than weakening them through budget cuts.

Given these concerns, the coalition urges the government and DPR to halt discussions on the TNI Law revision. As a representative body, the DPR should heed public criticism and prioritize overdue military reform agendas, such as enacting the Law on Military Assistance (UU Tugas Perbantuan), restructuring the territorial command system, and reforming military justice. Furthermore, DPR members should resist executive pressure and uphold human rights principles in their legislative decisions.