Problematic Clauses in the Draft Government Regulation on TNI Duties
The Civil Society Coalition for Security Sector Reform has highlighted the Draft Government Regulation on the Duties of the Indonesian National Armed Forces (TNI), deeming it a risk to democratic life due to the expansion of military authority. This draft emerges as a derivative of Article 7 paragraph 4 of the TNI Law.
De Jure Executive Director and coalition representative, Bharata Ibnu Reza, stated that the substance of the Draft Government Regulation on TNI Duties blurs the primary duties and authority of military personnel by extending them into civilian matters. However, he said, soldiers should focus solely on national defence.
“The material in the Draft Government Regulation on TNI Duties also contains several clauses that tend to be multi-interpretative, thus carrying uncertainty that should be avoided,” he said on Friday, 24 April 2026.
The coalition has mapped out several problematic materials and formulations in the Draft Government Regulation on TNI Duties. First, Article 9 paragraph 3 letter G, which includes judicial assistance operations.
He said the article is problematic because its explanation only states “sufficiently clear”. However, Bharata explained that the article regulates TNI involvement in law enforcement processes.
“This certainly contradicts the due process of law principle in the integrated criminal justice system as regulated in Law Number 20 of 2025 on the Criminal Procedure Code,” he stated.
He said the formulation of that article places the TNI on par with the police, prosecution, and even courts as law enforcement apparatus. Another problematic clause is contained in Article 9 paragraph 3 letter H, which regulates non-combat operations.
The policy states that non-combat operations include “other operations as needed”. Bharata assessed that the article is problematic because it opens opportunities for the TNI to penetrate more widely into civilian affairs.
The coalition is concerned that the definition of non-combat operations, also regulated in Article 1 point 8 of the TNI Law, could be interpreted as an effort to legitimise the military to conduct military operations other than war (OMSP) independently without involving other agencies.
In addition, Articles 48 to 69 in the Draft Government Regulation on TNI Duties are also problematic. Bharata explained that several of those articles relate to military duties in assisting cyber defence threat efforts.
“Those articles are highly at risk of overlapping functions and authority with several institutions,” he said.
Because, he said, the regulations on TNI duties contained in these draft articles overlap with the functions and authority of other institutions. They include the National Cyber and Crypto Agency, the Ministry of Communication and Digital, the Indonesian National Police, and the State Intelligence Agency.
Bharata gave an example of one regulation on TNI duties in assisting the cyber field that duplicates regulations of related institutions. For instance, Presidential Regulation Number 47 of 2023 on the National Cyber Security Strategy and Crisis Management.
He said that regulation emphasises a civilian approach and its operationalisation under the control of the National Cyber and Crypto Agency. However, the BSSN’s duties are threatened to conflict with the military.
However, he said, the TNI’s duties in the context of cyber security are limited to wartime military operations. “For example, when the gradient of cyber security threats has reached the level of inter-state cyber war or the targets are directly aimed at defence installations,” he stated.
The Civil Society Coalition stated that it rejects the substance contained in the problematic Draft Government Regulation on TNI Duties. Moreover, he said, the preparation of the Draft Government Regulation on TNI Duties is being carried out simultaneously with the ongoing constitutional mechanisms by the public.
“The discussion of the Draft Government Regulation on TNI Duties, with that substance, increasingly shows the reality of remilitarisation in Indonesia,” he said.