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Will revising the TNI Law compromise the reform agenda?
This change showcases TNI’s intention to play a greater rolee in security matters, while the existing TNI Law emphasizes defense as the primary role of the military.
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This handout picture taken and released by the Indonesian Military (TNI) on Jan. 3, 2020, shows then commander of region 1 of defense territory joint command, Rear Adm. Yudo Margono (front left) inspecting Indonesian troops at Natuna military base in Riau Islands. (AFP/Handout)
The legal division of the Indonesian Military (Babinkum TNI) has suggested several changes to Law No. 34/2004 on TNI. Although the TNI commander has not yet approved the proposal, the suggested points have sparked a heated debate as some showcase the military’s opposition to the idea of military professionalism and reforms that mandate military focus on defense matters and uphold civilian supremacy.
Among other amendments, one states a military soldier who is accused of committing a crime shall be tried in the Military Court.
In reality, we can divide the revision suggestions into three main categories: legal, financial and organizational. This article aims to understand why TNI aspires for those changes and discuss the potential implications of the suggestions not only for civil-military relations, but also defense policymaking in general.
First, the legal aspect of the law revision suggests changes to the justice mechanism for military officers. The military court was deemed as the only mechanism to try military officers who allegedly perpetrate crimes.
Second, there is an intriguing suggestion TNI own a separate budget from the Defense Ministry. Here the military indicates the desire to independently manage its own budget.
Third, the revision hints at organizational considerations from TNI in the form of additional state institutions that can accept the service of military officers to 18 plus other ministries if necessary, from currently 10.
An idea has also been proposed to add two more years to the retirement age of high-ranking officers from 58 to 60, considering their ability, competency and expertise.
