JOINT STATEMENT
Indonesia: Rejection of the Problematic and Rushed Amendments to Law No. 34/2004 on the Indonesian National Armed Forces (TNI Law)
Jakarta, 17th March 2025 – Civil society organizations strongly reject the proposed amendments to Law No. 34/2004 on the Indonesian National Armed Forces (TNI Law), which pose a serious threat to democracy, civilian supremacy over the military, and human rights in Indonesia.
Following the fall of President Suharto’s “New Order” regime in 1998, Indonesia undertook reforms to dismantle the dual function (dwifungsi) of the Indonesian National Armed Forces (TNI), which allowed military personnel to be involved in government, political affairs, and law enforcement, extending their influence far beyond their traditional defense functions. These reforms were intended to restore civilian supremacy over the military, strengthen democratic governance, and improve human rights protections. A key milestone in this process was the enactment of the Law No. 34/2004 on the TNI (TNI Law), which sought to ensure the neutrality of the military in politics and governance.
However, Indonesia’s military reform has not only stalled, it has actually regressed. Under the administration of President Prabowo Subianto, the government is actively pushing for a controversial revision of the 2004 TNI Law, that would allow active military personnel the authority to hold 16 governmental positions and significantly expand the military’s non-combat roles. In particular, Commission I (DPR RI) member Tubagus (TB) Hasanuddin, has indicated that the proposed amendments would allow the military to engage in non-combat operations, including direct involvement in drug interdiction.
This proposed amendment raises serious concerns. Giving the military a role in civilian law enforcement – particularly in cooperation with the National Narcotics Agency (BNN) and the police – creates legal and political ambiguities reminiscent of the “war on drugs” approach, that have often been associated with human rights abuses. Moreover, increased military involvement in civilian affairs directly undermines the principle of civilian supremacy over the military, a fundamental tenet of Indonesia’s security sector reform.
The proposed revision has met with strong and widespread opposition from civil society groups, as it not only fails to advance the TNI’s reform agenda but also significantly reverses its progress.
First, Article 47 of the circulating draft of the TNI Bill, obtained by our organizations, states that active TNI personnel may hold positions in ministries or other institutions that require their expertise, in accordance with the presidential policy. This provision creates legal uncertainty and potentially undermines the law enforcement role of the military. While both the military and the police are classified as civil servants (ASN) in Indonesia, they operate under different ethical codes and enforcement mechanisms. Unlike police officers, TNI personnel are subject to the jurisdiction of the military courts. If active military personnel in ASN positions commit crimes, they would still be tried in a military court – which is known to have little to no transparency – rather than in a civilian court. If the House of Representatives and the government are truly committed to upholding the mandate of reform, civilian supremacy, democracy, and human
rights, their priority should be to revise the Military Tribunal Law rather than to amend the TNI Law. Instead, the Indonesian House of Representatives (DPR-RI) has failed to take up the long-overdue revision of the Military Tribunal Law.
Second, the proposed revision of the TNI Law includes a troubling expansion of the military’s authority in “operations other than war” (OMSP) to address cyber threats, including those that target cognitive and virtual dimensions such as social manipulation and information pollution. This vague and overly broad mandate risks militarizing cyberspace, effectively granting the TNI a role in policing online activities. Such an expansion, however, is highly susceptible to abuse. By framing cyber threats as existential threats – or even classifying them as cyberwarfare – the government could justify coercive measures, including censorship, mass and intrusive surveillance, and restrictions on online freedom of expression, which severely undermine fundamental human rights.
Third, the revision of the TNI Law has been rushed through with minimal public participation and a severe lack of transparency in the drafting process. This is in direct contradiction to the principle of meaningful and worthwhile public participation in lawmaking. On 14 – 15 March 2025, the government and the DPR-RI held a closed-door meeting at the Fairmont Hotel in Jakarta to expedite the discussion of the TNI Bill. This directly contradicts an earlier statement by DPR Deputy Speaker, Adies Kadir, who stated that the bill would not be passed before the 2025 Eid holiday – the House of Representatives recess period – and that its approval could only take place in the next parliamentary session. Instead of following a transparent legislative process, the Government and the DPR chose to discuss the bill behind closed doors at a luxury hotel over the weekend, raising serious concerns about the lack of transparency and public
accountability, and the absence of evidence-based policymaking.
This blatant disregard for transparency violates Article 25 of the International Covenant on Civil and Political Rights (ICCPR) – to which Indonesia is a state party– which guarantees the right to participate in public affairs, including legislative processes. Additionally, it contravenes the commitments Indonesia made in the 4th cycle of the Universal Periodic Review in 2022, where the government pledged to enhance meaningful and inclusive dialogues with the national human rights institution, civil society organizations, academia and other stakeholders. Such secrecy casts doubt on the legitimacy of the process and raises alarms over the motives behind these amendments. A lack of transparency in legislative processes often correlates with efforts to limit criticism and oversight, which are essential functions of the press.
Furthermore, the government’s rush to amend the TNI Law stands in stark contrast to itsprolonged inaction on other critical human rights commitments. Despite pledging for over a decade, Indonesia has failed to ratify key international human rights treaties, including the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), the Optional Protocol to the Convention Against Torture (OP-CAT), the Genocide Convention, and the Rome Statute – all of which are crucial for the protection and enforcement
of human rights.
Adding to these concerns, activists who have voiced their opinions and concerns over the proposed revision to the TNI Law have faced escalating intimidation and harassment. Colleagues from The Commission for the Disappeared and Victims of Violence (KontraS) have reported anonymous threats, visits from unidentified individuals, and even police summons for “clarifications” from the Greater Jakarta Metropolitan Regional Police (Polda Metro Jaya). These incidents followed a peaceful intervention by KontraS members on 15 March 2025, when they entered the Fairmont Hotel meeting room to peacefully urge lawmakers to halt the closed-door deliberation.
In light of the concerns raised, the undersigned civil society organizations:
1.) STRONGLY REJECT the rushed and deeply flawed process of the TNI Law revision.
2.) URGE the Indonesian Commission I of the House of Representatives to immediately suspend all discussions on the TNI Bill until a transparent, inclusive, and accountable process is established, and that no further steps are taken toward its passage until legal reforms are made to safeguard civilian supremacy, accountability and human rights.
3.) DEMAND that the Indonesian Government guarantee comprehensive protection of human rights defenders, activists and civil society organizations who have expressed concerns over the problematic revision of the TNI Law and who face intimidation or harassment for their participation in this democratic process.
Sincerely,
Action by Christians for the Abolition of Torture (ACAT) Germany
ACAT Belgique Belgium België
Accountability Counsel
Advocacy Forum Nepal
Aksi Kamisan New York City
All Arakan Students’ & Youths’ Congress – AASYC
AMAN Indonesia
Amnesty International Chapter UNNES
Amnesty International Indonesia
Arus Pelangi
ASEAN Youth Forum (AYF)
ASEAN Civil Society Conference/ASEAN People’s Forum Philippine Process
Asia Citizen Future Association (ACFA), Taiwan
Asia Development Alliance
Asia Alliance Against Torture (A3T)
Asia Democracy Network (ADN)
Asia Justice and Rights (AJAR)
Asian Federation Against Involuntary Disappearances (AFAD)
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association Of Indonesian Migrants
Asosiasaun Chega! Ba Ita (ACbit)
Association of Human Rights Defenders and Promoters (HRDP)
Athan – Freedom of Expression Activist Organization
Aung San Suu Kyi Park Norway
Banglar Manabadhikar Suraksha Mancha (MASUM)
Blood Money Campaign (BMC)
Alliance of Independent Journalists (AJI) Indonesia
BALAOD Mindanaw, Philippines
Beranda Perempuan Indonesia- Jambi
Bullyid Indonesia
Bumi Setara
Cambodian Center for Human Rights (CCHR)
Center for Legal and Social Studies (CELS), Argentina
Center for Indonesia’s Strategic Development Initiatives (CISDI)
Center of AI and Tech Innovation for Democracy (PIKAT)
Center on Sexuality Studies (SGRC UI)
Chin Community in Norway
CIVICUS: World Alliance for Citizen Participation
Civil Society Coalition against Organized Crime (the Coalition)
Community Resource Center (CrC) Thailand
Cross Cultural Foundation (CrCF) Thailand
CRPH Support Group, Norway and members organizations
Collective Campaign for Peace (COCAP), Nepal
Collectif des Associations Contre l’Impunité au Togo (CACIT)
Commission for Disappeared and Victims of Violence (KontraS Aceh)
Community Legal Aid Institute (LBH Masyarakat)
Confederation of Indonesia People Movement (KPRI)
Defence of Human Rights and Public Services Trust Pakistan
Defence of Human Rights, Pakistan
Defend Myanmar Democracy (DMD)
Democratic Party for a New Society, Norway
Digital Democracy Resilience Network (DDRN)
Doctors Without Stigma (DTS)
Down Syndrome Care Foundation Indonesia(YAPESDI)
East Timor and Indonesia Action Network (ETAN/U.S.)
ECPM – Together Against the Death Penalty
Equality Myanmar (EQMM)
Extinction Rebellion Indonesia (XR.id)
FAIR Law Firm
FAMM Indonesia
Federal Association of Vietnamese Refugees in the Federal Republic of Germany
Federasi Serikat Buruh Persatuan Indonesia (FSBPI)
FIAN Indonesia
FIAN International
Forum Cik di Tiro
Foundation for Labour and Employment Promotion, Thailand
Free Hearts
Generation Wave (GW)
Generations’ Solidarity Coalition of Nationalities (GSCN)
Gerakan Media Merdeka (Geramm)
Girl Up Institut Teknologi Sepuluh Nopember
GRAM (Gerakan Megamendung)
Harm Reduction International (HRI)
Health Opportunity Network (HON), Thailand
Hadomi Timor, Timor Leste
HAYAT, Malaysia
Human Rights Foundation of Monland (HURFOM)
Human Rights Journalists Network Nigeria
Human Rights Law Centre, Australia
Human Rights Law Chambers, Sri Lanka
Human Rights Myanmar
In Defense of Human Rights and Dignity Movement (iDEFEND)
India for Myanmar
Indonesia Budget Center
Indonesia Corruption Watch (ICW)
Indonesian Legal Aid Foundation (YLBHI)
Indonesian Legal Aid and Human Rights Association (PBHI)
Indonesian Mental Health Association (IMHA)
Indonesian Planned Parenthood Association – Bengkulu (IPPA – Bengkulu)
Indonesian Planned Parenthood Association – Special Region of Yogyakarta (IPPA – Yogyakarta)
Indonesian Planned Parenthood Association – Aceh (IPPA – Aceh)
Institute of Research and Advocacy (Link-AR Borneo)
Indonesia Association of Human Rights Lecturer (SEPAHAM-Indonesia)
International Women’s Rights Action Watch Asia Pacific (IWRAW AP)
International NGO Forum on Indonesian Development (INFID)
Irish Council for Civil Liberties
International Rehabilitation Council for Torture Victims (IRCT)
JCYCN, Nepal
Jaringan Advokasi Nasional untuk Pekerja Rumah Tangga (JALA PRT)
Jaringan Akademisi Gerakan Anti Kekerasan Terhadap Perempuan (JARAK)
Just Access e.V.
Justice & Equality Focus (JEF)
Jong Columbia (Indonesian students at Columbia University)
K’cho Ethnic Association( Europe)
Kachin Association Norway
Keng Tung Youth
Kyae Lak Myay
Kyauktada Strike Committee (KSC)
Kalyanamitra
Kampoeng Tjibarani
KIPP Indonesia
Kenapa Harus Peduli
Kenya Human Rights Commission (KHRC)
Komite Independen Pemantau Pemilu (KIPP) Indonesia
Komite Pemilih Indonesia
Koalisi Perempuan Indonesia
Konsorsium Pembaruan Agraria
Konfederasi Persatuan Buruh Indonesia (KPBI)
Kolektif Sanggar Puan
Korean House for International Solidarity(KHIS), South Korea
Lab Demokrasi
LaporIklim
LaporSehat
Legal Dignity
Lentera Gayatri
Lembaga Bantuan Hukum (LBH) Jakarta
Lingkar Keadilan Ruang
Lintas Feminist Jakarta (Jakarta Feminist)
Liyang Network
Magway Region Human Right Network
Maldivian Democracy Network (MDN)
Manushya Foundation
Media and Creative Industry Workers Union for Democracy (SINDIKASI) Yogyakarta
MEDICAL ACTION GROUP Inc., Philippines
Melbourne Bergerak
Mexiro A.C.
Migrant CARE Indonesia
#MilkTeaAlliance Calendar Team
#MilkTeaAlliance Friends of Myanmar
Movement for Alternatives and Solidarity in Southeast Asia (MASSA)
Myanmar Catholic Community In Norway
Myanmar Community in Norway
Myanmar Hindu Union
MyaYar Knowledge Tree
New Myanmar Foundation
NLD Organization Committee (International) Norway
Norway Matu Community
Norway Rvwang Community
Nyan Lynn Thit Analytical (NLTA)
Needle n’ Bitch
Network for Human Rights Documentation Burma (ND Burma)
Olive organization
Omega Research Foundation
Open Contracting Partnership
Pakistan Development Alliance
Programme Against Custodial Torture & Impunity (PACTI)
Progressive Muslim Youth Association (PMYA)
Progressive Voice (PV)
Palasara Widya Indonesia Foundation
ProgreSIP.id Media Kelas Pekerja
PeaceGeneration Indonesia
People’s Voter Education Network.
Perkumpulan Lintas Feminis Jakarta (Jakarta Feminis)
Perpustakaan Jalanan D.I.Y
Platform C, South Korea
Protection International
Psychological Responsiveness NGO, Mongolia
Public Virtue Research Institute
Pusat KOMAS
Pusat Pembangunan Rakyat Mandiri (MANDIRI), Malaysia
Queers of Burma Alternative (QBA)
Refugee and Migratory Movements Research Unit (RMMRU), Bangladesh
Relawan Edukasi Antihoax Indonesia (REDAXI)
Remotivi
Right to Life Human Rights Center, Sri Lanka
Robert F. Kennedy Human Rights
Réseau des Organisations de la Société civile pour l’Observation et le Suivi des Élections en
Guinée – ROSE
Rohingya Community in Norway
Rohingya Maìyafuìnor Collaborative Network (RMCN)
Sadar Setara
Samsara
Shan MATA
Sisters2Sisters
Sitt Nyein Pann Foundation
Southern Initiative
Save All Women and Girls
SHARE, center for Sexual rigHts And Reproductive justicE (South Korea)
Sindikasi Pemilu dan Demokrasi (SPD)
Southeast Asia Freedom of Expression Network (SAFEnet)
South East Asia Collaborative Policy Network (SEA CPN)
Solidaritas Perempuan
Solidarity for People’s Education and Lifelong Learning (SPELL)
Southeast Asia Public Interest Lawyers (SEAPIL)
Suar Perempuan Lingkar Napza Nusantara Foundation (SPINN), Indonesia
Suara Rakyat Malaysia (SUARAM)
Sukaar Welfare Organization
Students For Liberty (SFL) Indonesia
Studi Agama Kritis
Support Group and Resource
TAPOL, UK
Task Force Detainees of the Philippines (TFDP)
The Commission for the Disappeared and Victims of Violence (KontraS)
The Indonesian Centre for Law and Policy Studies (PSHK Indonesia)
The Indonesian Human Rights Monitor (IMPARSIAL)
The Legal Resources Centre, South Africa
The May 18 Foundation, South Korea
The People Participation, Initiative and Partnership Strengthening Foundation (YAPPIKA)
The PRAKARSA
The Sunny Center Foundation Usa Inc.
Think Centre, Singapore
Think Path Indonesia Legal Office
Transparency International Indonesia
Transitional Justice Asia Network (TJAN)
Transitional Justice Working Group (TJWG) South Korea
Trend Asia
Terra-1530
Viet Tan
WCC Mawar Balqis
WITNESS
Weaving Women’s Voices in Southeast Asia (WEAVE)
Women Lead Resource Center
Women’s Legal Centre, South Africa
Women Study Center Solo/Pusat Kajian Perempuan Solo (PUKAPS)Watch Indonesia! e.V.
Workers And Families (KABAR BUMI)
World Organisation Against Torture (OMCT)
Yayasan Lembaga Bantuan Hukum Keadilan Banten (LBH Keadilan)
Yangon Deaf Group
Youth Empowerment
Youth for Democratization of Myanmar (UDM)
ZINE THINK
Zomi Christian Fellowship of Norway
Zomi Community Norway
2030 Youth Force Indonesia
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