The Danger of Military and Police Officers Filling Civilian Positions

By Hendrik Yaputra and Daniel A. Fajri for Koran Tempo, March 16, 2024

JAKARTA – The Indonesian Ombudsman recently responded to the Indonesian government’s draft government regulation (PP) that provides for the appointment of serving Indonesian National Armed Forces (TNI) and Indonesian National Police (Polri) members to civilian civil service positions. As the government agency responsible for oversight of the civil service, the Ombudsman’s Office is currently reviewing the latest plan. Its findings will serve as input into the process of drafting the new government regulation.

“The input provided by the Ombudsman takes into account submissions from the public,” said Ombudsman’s Office member Robert Na Endi Jaweng on Friday, March 15, 2024.

Jaweng believes that the drafting of the government regulation proves the existence of organized and systematic planning to involve TNI and Polri in civil service positions. He referred to previous findings by the Ombudsman last year on the appointment of Indonesian armed forces officers to civil service positions in regional governments. The Ombudsman made findings of maladministration in relation to the appointment of a TNI officer to the position of acting district head.

The TNI officer referred to by Jaweng was Brigadier General Andi Chandra As’aduddin who was appointed as the acting Regent of West Seram district in Maluku province in 2022. At the time, Brig. Gen. Andi Chandra was serving Head of the Central Sulawesi Provincial Intelligence Agency.

Jaweng explained that according to the State Civil Service Law, serving TNI and Polri members are indeed given the opportunity to occupy civilian positions. However, Article 19 paragraph 3 of the Law lays down that the filling of civil servant positions with TNI and Polri members is only to occur in national government agencies, while continuing to refer to the Indonesian National Armed Forces (TNI) Law and the Indonesian National Police Law.

Article 47 paragraph 2 of the TNI Law provides that active TNI members can occupy positions in agencies dealing with the coordination of aspects of state politics and security, national defense, the presidential military secretary, national intelligence, national communication security, the national resilience agency, the national defense council, the national search and rescue (SAR) agency, national narcotics, and the Supreme Court.

Endi Jaweng continued, placing active TNI and Polri members in civilian positions contradicts the merit system in civilian agencies, as TNI and Polri officers occupying civilian positions do not change their status to become civil servants. They continue to retain the status of serving TNI or Polri members. This means that the government is giving special treatment to the TNI and Polri officers in civilian positions.

“This flatly contradicts the spirit of public service that emphasizes the principles of good governance,” said Endi Jaweng.

He said the implementation of the recent Civil Service Law enacted in 2023 has also altered the implementation of the merit system in the management of government civilian human resources. Because, the Civil Service Law in fact provides an opportunity for TNI and Polri members occupying civilian civil service positions to transfer their status to civil servants.

This situation is very detrimental to civil servants, because they have climbed the career ladder from the bottom. However, when the time comes to be appointed to a particular position in a government agency, out of the blue active TNI or Polri members who will change their status to civil servants fill positions.

Head of the Indonesian Ombudsman’s Office, Mokhammad Najih, said that to date his agency has not been involved in the drafting of the proposed government regulation. He said that the government should involve all stakeholders in the drafting process including the Ombudsman.

Despite not being involved, Najih said, his agency is currently studying the government’s proposal. The results of the study will become input for the government.

Najih said that civilian positions should be filled through an open selection process. This selection would provide equal opportunities for civil servants or TNI/Polri members to fill particular positions in the civil service. These positions should be limited to only positions for the highest senior executive positions, and to specific fields.

Filling civilian positions, Najih said, should consider the long-standing careers of civil servants in their respective fields. “The principle of non-discrimination must be prioritized.”

Head of the Data, Communication, and Public Information Bureau of the Ministry of State Civil Service Empowerment and Bureaucratic Reform, Mohammad Averrouce, did not respond to requests from Tempo magazine for confirmation on the matter. Averrouce stated only that his agency was preparing a written response. But the response was not received by the time this article when to press.

Last Wednesday, Minister of State Civil Service Empowerment Azwar Anas said that the government is currently drafting a regulation on the management of the civil service which regulates the placement of TNI and Polri officers in civilian positions. Azwar said that the draft is a delegated regulation made under the Civil Service Law.

Indonesian National Armed Forces Commander General Agus Subiyanto seemed to support the plan. He said that TNI has been involved in several government programs, such as measures aimed at addressing infant stunting, food security, and disaster management. “From this variety of issues addressed, the question arises does it have to be [only] handled by a government ministry?’” said Agus after a coordination meeting at the office of the Coordinating Ministry for Political, Legal, and Security Affairs last Friday.

Chair of the management board of the democracy think tank Centra Initiative, Mr. Al Araf, said that the provisions in the 2023 Civil Service Law are a setback for the democratic reform movement (reformasi), because democratic reform in 1998 mandated the abolition of the dual function (dwifungsi) of the military or the military’s dual role in the military and civilian positions. However, this Civil Service Law actually reinstates the military’s dual function.

“TNI and the Police should remain in the areas of defense and security,” said Al Araf.

He emphasized that TNI is an instrument of national defense with the main task of dealing with war threats. Meanwhile, the Police are tasked with maintaining public order and law enforcement. Therefore, personnel in both institutions should not be able to occupy civilian positions. “Because, it’s not their area of expertise.”

Al Araf said that the appointment of TNI and Polri members to civilian positions has as a negative impact on the life of the civilian bureaucracy because it will disrupt the system of promotions and awards for civil servants. This situation could also trigger internal conflict between civil servants and TNI/Polri members.

Deputy Director of the human rights research organization Impartial Ardi Manto Putra believes that placing TNI/Polri members in civilian positions will disrupt the civil servant system. The reason is that TNI and Polri members have a loyalty to those institutions, namely esprit de corps. As a result they are expected to remain obedient to the command chain of the original institution, not to superiors in the civilian civil service agency where they work.

Another problem, according to Ardi, is that the work culture of civilian and military institutions is different. The work culture of TNI and Polri is based on the chain of command. While the work culture of civilian agencies is based on public service.

Head of the Research and Documentation Division of the non-government Commission for Missing Persons and Victims of Violence (Kontras), Rozy Brilian, agrees with Al Araf and Ardi. Rozy said that the appointment of TNI and Polri members to civilian civil service positions could disrupt accountability systems. For example, TNI and Polri officers appointed to civilian government positions will still be accountable to their original institution in the form of their respective chain of command. However, they would also be obliged to be accountable to their superiors in the civilian civil service institution.

“Would they have to follow the head of the civilian institution or the TNI commander?” asked Rozy.

Rozy explained that a similar situation would occur should TNI or Polri members in civilian positions commit criminal offences. So far, TNI officers suspected of committing crimes have been tried in military courts, not civilian courts. However, the cases involving them have been related to their duties in civilian civil service positions.

He cited the example of former head of the National Search and Rescue Agency (Basarnas) Air Marshal Henri Alfiandi who was suspected of involvement in a corruption case with allegations of procurement irregularities at the Agency. The Corruption Eradication Commission (KPK) uncovered the alleged bribery through a sting operation and intended to handle it. However, TNI objected on the grounds that Air Marshal Henri was still an active officer, so his case had to be handled by TNI’s Military Police Center (Puspom). The Corruption Eradication Commission gave way. TNI’s Military Police Center then handled the case.

Rozy continued, the appointment of TNI and Polri members to civilian civil service positions is very dangerous in resolving conflict in society. Because, TNI members in civilian positions often use military approaches to solving problems in society, and this tends to violate human rights.

“This situation occurred in the cases of Rempang, Batam city; and Wadas village in Central Java province,” said Rozy.

Executive Director of the pro-democracy and peace research institute Setara, Halili Hasan, suggested that the draft content of the Civil Service Management government regulation should strengthen its commitment to the reform of TNI and Polri. “Instead of encouraging TNI and Polri to occupy civilian government positions which carry out the tasks and functions of civil servants,” he said.

He emphasized that the content of the draft government regulation should also reference the TNI Law. Article 47 of the TNI Law already regulates government agencies that can have appointments of TNI officers, including the national intelligence body, the national resilience authority, and the national communication security agency.

According to Halili, the government is undoubtedly reviving the dual function of the TNI when it forces active TNI and Polri members to occupy civilian positions.

This article is based on https://koran.tempo.co/read/nasional/487712/bahaya-tni-dan-polri-masuk-sipil.

In earlier news…

The “Dual Function” Agenda Behind Changes to Indonesia’s National Defense Force Law

By Hendrik Yaputra for Tempo.co, May 11, 2023

JAKARTA – Chair of the Initiative Center—a non-governmental organization focusing on democracy issues—Mr. Al Araf views the plan to increase active-duty officers’ opportunities to hold civilian positions through a revision of the Indonesian National Armed Forces (TNI) Law as questionable. The agenda is seen as opening the door for the return of the dual function of the (formally named) Republic of Indonesia Armed Forces (ABRI) that existed during the three-decade rule of the New Order government (1965 to 1998).

Mr. Al Araf pointed out that the substance of ABRI’s dual function involved military involvement in practical civilian politics, aside from handling national defense affairs. Military involvement in practical politics took the form of ABRI officers occupying civilian positions, whether in ministries or state institutions, the House of Representatives, or regional heads. “This, of course, would mark a regression in the course of the 1998 reform movement and the process of democratization in Indonesia, which has positioned the military as a tool for national defense,” he said on Wednesday, May 10, 2023.

The Indonesian National Armed Forces (TNI) is currently drafting a revision of Law Number 34/2004 Concerning the Indonesian National Armed Forces. According to a draft of the document from the TNI Legal Development Agency of April 2023, it is proposed to expand the range of civilian positions in ministries and state institutions that can be filled by TNI officers from 10 to 19 ministries and agencies.

The expansion of positions available to soldiers is reflected in the proposed revision of Article 47 paragraph 2 of the law. For example, soldiers could hold positions in the National Counterterrorism Agency (BNPT) and the Attorney General’s Office. Moreover, it is proposed that the TNI would be able to hold positions in any ministry or state institution, as long as this aligned with the president’s policy.

Mr. Husein Ahmad, a researcher at the civil society organization Imparsial (Impartial), argued that placing the military outside of its function as an instrument for national defense would weaken the professionalism of the TNI. In a democratic state, he said, the primary function and duty of the military is national defense. The army, he added, is not designed to hold civilian positions. “Professionalism is built by placing the military in its original function as an instrument of national defense, not placing it in other civilian functions and positions that are not within its area of competency,” said Mr. Husein.

Mr. Ikhsan Yosarie, a researcher at the SETARA Institute for Human Rights and the Security Sector, agrees with Mr. Husein. Mr. Ikhsan believes there is currently no urgency to place active-duty soldiers in government ministries and state institutions. Typically, he said, the TNI fills civilian positions during emergencies.

According to him, the proposed points for revising the TNI Law are efforts to revive the dual function of the New Order era ABRI, which breaches People’s Consultative Assembly Resolution No. VI/2000 mandating a separation between the armed forces and the police. However, the TNI should only play a role as an instrument of national defense. “Occupying civilian positions deviates from the proper role and function of the TNI and is a cause of the stagnation in the country’s democratic foundations,” said Mr. Ikhsan.

He argued that active-duty soldiers occupying civilian positions would have difficulty making democratic decisions. This is because military culture applies a command system to its members. Additionally, ministries or state institutions typically prioritize accountability and transparency, which are not compatible with military culture. “Placing active-duty soldiers in civilian positions should happen consistently with the requirements of national defense,” he said.

Military observer Mr. Khairul Fahmi questioned the new proposals in Article 7 paragraph 2 letter b number 19 and Article 47 paragraph 2 letter s. Article 7 paragraph 2 letter b number 19 allows the TNI to carry out additional tasks determined by the president to support national development. Then Article 47 paragraph 2 letter s allows the military to serve in ministries or other institutions according to the president’s policy.

Mr. Khairul considers these two points highly dangerous because it is not known whether the ministries and other institutions referred to relate to the TNI’s area of competence or not. If the ministries and other institutions referred to are not related to the TNI’s areas of competence, it has the potential to bring the military back into politics. “That goes against the mandate of the 1998 national democratic reforms,” said Mr. Khairul.

As for the Executive Director of Imparsial, Mr. Ghufron Mabruri, he believes that expanding the space for soldiers to hold civilian positions is a measure in the direction of legally entrenching erroneous policies. Because, until now, many active-duty TNI soldiers have held civilian positions such as in the National Disaster Management Agency, the Ministry of Energy and Mineral Resources, and State-Owned Enterprises. “Clearly, these placements violate the law,” said Mr. Ghufron.

Old Plan

Over the past four years, the discourse on the placement of active-duty TNI soldiers in civilian positions has sparked controversy. In the 2019 annual TNI Leadership Meeting, then commander of the TNI, Air Chief Marshal Hadi Tjanjanto (2017 to 2021), proposed changes to the structure of the TNI and revisions to the TNI Law. He wanted positions in ministries and institutions at first- and second-tier senior executive level to be occupied by active-duty TNI with a minimum rank of colonel.

Also read: Elections: Major Teddy Indra Wijaya, Defense Minister Prabowo’s Aide and President Jokowi’s Former Aide, Creating Controversy, Kompas

This plan was motivated by the over-abundance of high and mid-ranking officers who lacked promotions positions within the TNI. Air Chief Marshal Hadi hoped that expanding civilian positions which were available to be filled by active-duty TNI members would reduce the number of officers without positions, from 500 to 150-200.

At the time the idea sparked criticism from academics and pro-democracy and human rights activists. They believed the plan betrayed the 1998 democratic reform agenda that prioritizes civilian supremacy. They feared that placing active-duty soldiers in civilian positions would serve as a gateway to the return of the military’s New Order era dual function.

After fading into obscurity, the controversy surrounding the plan to place active-duty TNI soldiers in civilian positions resurfaced in public discussion in August last year. This time, it was Minister of Maritime Affairs and Investment Gen. (Hon.) (Retd) Luhut Binsar Pandjaitan (2016 to present) who addressed the issue. The former Commander, Army Doctrine, Education, and Training Command (1997 to 1999) stated that the plan to amend provisions in the TNI Law had been under discussion since he was Minister of Political, Legal, and Security Affairs (2015 to 2016).

According to Luhut, if active-duty TNI officers could be placed in ministries and government institutions, there would no longer be high-ranking TNI officers filling unnecessary positions, thus making the organization more efficient. Senior TNI officers would also not need to vie for positions because they could pursue careers outside the military itself. “Actually, the TNI can play a more direct role, and TNI officers don’t all have to become Army Chiefs of Staff, but they can work in government ministries,” Luhut said during the National Gathering of Retired Army Officers on August 5, 2022.

Stirring controversy once again, this discussion was eventually addressed by President Joko Widodo. “I see that the need for it is not urgent yet,” Jokowi said when answering questions from journalists during his visit to Sukoharjo district in Central Java, on August 11, 2022.

In an academic manuscript completed in 2019, the Ministry of Legal Affairs and Human Right’s National Legal Development Agency (BPHN) also outlined the numerous ministries and institutions requesting the placement of TNI officers. For example, the Ministry of Energy and Mineral Resources (ESDM), in July 2019, requested a change in the Liaison Officer Staff for Maritime Affairs (Susmar) in the Directorate General of Oil and Gas for the 2019-2021 period. There were also requests from the Maritime Security Agency (Bakamla), PT PAL (Persero), the Ministry of Maritime Affairs and Fisheries (KKP), the Coordinating Ministry for Human Development and Culture (PMK), and the Pancasila State Ideology Development Board (BPIP).

Also read: Op-Ed: The Armed Forces, Capital, and Politics By Danang Widoyoko

The number of TNI soldiers placed in 10 ministries and government institutions, has reached 1,481 personnel, with the highest number in the Ministry of Defense. Even before the TNI Law revision proposal, 121 active-duty personnel were placed in institutions outside the 10 ministries regulated by the TNI Law, namely the Maritime Security Agency (Bakamla), the National Counterterrorism Agency (BNPT), and the National Disaster Management Agency (BNPB), the Coordinating Ministry for Maritime Affairs and Investment, the Ministry of Transportation, the Coordinating Ministry for Human Development and Cultural Affairs, the Ministry of Marine Affairs and Fisheries, the Ministry of Ministry of Energy and Mineral Resources, and the Pancasila State Ideology Development Board.

The issue has also come under the scrutiny from the Indonesian Ombudsman office. The agency responsible for supervision of government administration found many active-duty soldiers holding dual positions, serving in both the TNI and ministries or institutions while also serving as commissioners of publicly owned enterprises (SOE). The Ombudsman found 27 TNI officers working as commissioners of SOEs in 2020. The Ombudsman deemed the placement of active-duty officers as commissioners of SOEs to be a violation of Article 47 paragraph 1 of the TNI Law.

Last year the Indonesian Ombudsman again became aware of allegations of maladministration in the appointment of Major General (Retd.) Achmad Marzuki as the acting Governor of Aceh in 2022, which also drew scrutiny from the Ombudsman. Four days before Jokowi appointed him, Maj. Gen. Achmad had resigned from active duty in the military.

HQ TNI Dismisses Concerns

Head of the TNI Information Center, Rear Admiral Julius Widjojono, confirmed that the proposed changes to Article 47 paragraph 2 of the TNI Law were to accommodate various practices that had been ongoing in several ministries and institutions. “Because, when the TNI Law was enacted, these bodies did not yet exist,” said Julius.

Julius also argued that currently many active-duty officers have an understanding of national interests and possess the expertise needed by ministries or government institutions. He also argued that the spectrum of (national security) threats is no longer just military, but also non-military, such as assisting in the handling of the Covid-19 pandemic. “This is not considered to be a dual function as during the New Order era, but rather an advanced civil-military relationship,” he said.

Julius explained that the draft revision of the TNI Law is still an internal concept drafted by the TNI Legal Development Agency. The draft has been presented to TNI Commander Admiral Yudo Margono at TNI Headquarters at the end of April. “It hasn’t been accepted by the Commander yet, (but) it’s just a presentation,” said Julius. “So it hasn’t been sent to the Ministry of Defense yet.”

On the other hand, the Academic Draft of the TNI Bill prepared by the National Legal Development Agency (BPHN) of the Ministry of Legal Affairs and Human Rights outlines several reasons for the need to change the TNI Law, which so far has limited the placement of active-duty military personnel in civilian positions to only 10 ministries and government institutions. This limitation is considered inconsistent with several changes in regulations regarding nomenclature and institutions, such as the law regulating government ministries, and the presidential regulation regulating non-ministerial-level government agencies.

This article is based on https://koran.tempo.co/read/berita-utama/481975/agenda-dwifungsi-di-balik-revisi-uu-tni.

In related news:

• https://koran.tempo.co/read/nasional/487712/bahaya-tni-dan-polri-masuk-sipil
• https://nasional.kompas.com/read/2024/03/23/14380571/panglima-tni-ganti-posisi-kepala-bais-dari-letjen-rudianto-ke-mayjen-yudi
• https://majalah.tempo.co/read/nasional/171114/dwifungsi-tni-jokowi
• https://www.kompas.id/baca/polhuk/2022/01/21/naper-al-araf-dari-pertanahan-ke-pertahanan