TNI deployment to guard prosecutors’ offices sparks constitutional concerns

  • Published on 16/05/2025 GMT+7

  • Reading time 4 minutes

  • Author: Renold Rinaldi

  • Editor: Imanuddin Razak

The deployment of Indonesian Military (TNI) personnel to secure prosecutors’ offices across the country has ignited a hefty wave of criticism, with former Coordinating Minister for Political, Legal, and Security Affairs, Mahfud MD, warning that the move could breach constitutional boundaries if made permanent.

Speaking on Kompas TV’s talk show on Thursday, May 16, 2025, Mahfud questioned the legality and necessity of a long-term military presence at the Attorney General’s Office (AGO) and its regional offices, despite intelligence-based security assessments justifying the move.

“I can understand if it’s temporary and situational-based, but if it’s institutionalized and made permanent, that’s a violation of our constitutional order,” he said.

A leaked Army telegram, numbered ST/1192/2025 and dated May 6, 2025, instructed military personnel to secure regional prosecutors’ offices − 30 personnel for each provincial prosecutors’ office (Kejati) and 10 personnel for district prosecutors’ offices (Kejari).

The order stemmed from a similar directive issued by the indonesian Military (TNI) Commander a day earlier, citing coordination between the military and the AGO.

Critics, particularly from the civil society, have condemned the decision as an overreach of military power into civilian law enforcement. They warn that it sets a troubling precedent for military involvement in non-combat roles without a clear legal framework.

“There is no regulation under the Military Operations Other Than War (OMSP) provision that specifically authorizes this kind of internal security function,” Mahfud said.

However, the AGO insists the move is legitimate. AGO spokesman, Harli Siregar, said the deployment is part of an eight-point memorandum of understanding (MoU) between the AGO and the TNI, which includes military support for prosecutorial duties, especially under the newly established Office of Junior Attorney General for Military Criminal Affairs (Jampidmil).

“The Jampidmil unit requires close coordination with the military. The MoU and the TNI Law (Law No. 34/2004) provide sufficient legal basis, particularly under Article 7, Paragraph 2, which covers the protection of strategic national objects,” Harli said.

But Mahfud remains unconvinced. He argues that prosecutors’ offices do not meet the criteria of vital national objects and warns against overextending the military's reach into civilian institutions.

“If the problem is at the central level, why deploy troops nationwide? Most district offices don’t face real threats,” Mahfud noted.

He added that if trust in police protection is eroding, the solution should come from internal reform, not a military substitute. “Improve the police force instead. Many police officers at the grassroots level are doing good work.”

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In fact, not everyone agrees with the criticism. Intelligence analyst Amir Hamzah argues that the military presence enhances security without interfering in prosecutorial duties.

He links the deployment to prior threats, including an incident involving Police’s Mobile Brigade (Brimob) officers at the AGO during a high-profile investigation into tin mining corruption.

“This is not about legal interference. It’s about preventing intimidation and ensuring physical security of prosecutors,” Amir said as quoted on Wednesday, May 14, 2025.

He added that the move sends an implicit message from President Prabowo Subianto to prosecutors to pursue major corruption cases without fear.

Selamat Ginting, a military and political analyst from private National University (Unas), sees the deployment as a calculated response to looming large-scale legal cases.

“There may be sensitive cases involving land, mining, or major corruption networks. It’s logical for the AGO to request backup. It’s also in line with the existing MoU,” Ginting said as quoted by Kompas, on Friday, May 16, 2025, emphasizing the legality of such deployments under OMSP provisions.

The controversy underscores broader concerns about the TNI’s role in peacetime governance, a recurring issue in Indonesia’s post-reform era. While the military’s involvement in civil affairs is not unprecedented, critics argue that strengthening democratic institutions requires clearer limits on such involvement.

Mahfud’s warning reflects growing unease that the move could erode civilian supremacy, a foundational principle of Indonesia’s constitutional democracy. “The TNI should not be institutionalized within civilian sectors, including campuses or law enforcement,” he said.

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