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Analysis: Questioning military protection of prosecutor’s offices
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Indonesian Military (TNI) soldiers attend a ministerial handover ceremony at the Defense Ministry office in Jakarta on Oct. 22, 2024. (AFP/Juni Kriswanto)
T
he Indonesian Military (TNI) has begun deploying personnel to protect all prosecutor's offices nationwide, a move that has sparked widespread debate due to a lack of clear explanation and a solid legal basis presented to the public. Critics suggest this deployment, favoring the military over the police, although not unprecedented, further showcases the TNI’s intention to flex its muscles beyond its defense realm.
The operation followed an order from TNI Commander Gen. Agus Subiyanto communicated through his telegram dated May 6. This was validated by Army Chief of Staff Gen. Maruli Simanjuntak's instruction to regional military commanders to deploy approximately 30 personnel (one platoon) to each High Prosecutor's Office and about 10 personnel (one squad) to each District Prosecutor's Office. Combat and support units were also instructed to prepare additional personnel and coordinate with other military branches if necessary.
Presidential Advisor for National Defense, Gen. (ret.) Dudung Abdurachman, said the security deployment was an implementation of on a Memorandum of Understanding (MoU) signed between the TNI and the Attorney General’s Office (AGO) on April 6, 2023, during the tenure of then-TNI chief Adm. (ret.) Yudo Margono. Dudung asserted that the move was not a direct command from President Prabowo Subianto, who is the ex-officio TNI supreme commander.
However, Mahfud MD, a former coordinating political, legal and security affairs minister, believes the deployment was made with President Prabowo's knowledge and approval. Mahfud highlighted a critical legal issue: such a move is not explicitly supported by provisions in either the Military Law or the Law on the Attorney General’s Office.
The Military Law permits military deployment to secure vital objects, but prosecutor's offices are not classified as national vital objects under Presidential Decree No. 63/2004. For this deployment to be legally sound, the decree would need revision. Mahfud further emphasized that the police, not the military, are typically tasked with protecting prosecutor's offices.
Concerns about the police's role are pertinent, as Police Chief Gen. Listyo Sigit Prabowo is known to be a close aide of former president Joko “Jokowi” Widodo since his time as Surakarta’s mayor, suggesting continued influence from the former president.
The AGO is currently investigating several high-profile corruption cases taking place during Jokowi’s presidency, including those involving palm oil, Jiwasraya, imported textiles and tin. Police personnel have reportedly been implicated in the tin corruption case, accused of protecting illegal mining activities within the concession area of state-owned miner PT Timah Tbk. The ongoing investigations could potentially uncover more cases involving police complicity.
