Indonesia’s Military Reform: A Potential Slip Back to Authoritarianism
As Indonesia’s parliament prepares to vote on proposed amendments to the 2004 National Armed Forces (Tentara Nasional Indonesia) Act, the country faces a critical moment. These amendments, if passed, could significantly expand the military’s role in civilian governance and weaken the legal safeguards against abusive officials.
The Proposed Amendments: A Gamble with Democracy
The draft revisions, already approved by the House of Representatives’ Defense and Security Commission, aim to allow more active-duty military personnel to fill civilian posts. This includes roles in the justice system, state-owned companies, and various agencies—from the Attorney General’s Office to the National Disaster Mitigation Agency. Currently, military personnel in civilian positions are expected to retire or resign from service, except for those in 10 specific ministries and state institutions.
These proposed changes could re-introduce the "dual function" (dwijfungsi) of the military, a controversial policy that allowed the military to intervene in politics and governance during the authoritarian reign of President Soeharto from 1965 to 1998. The move has raised alarm bells among human rights activists and civil society groups.
The Search for Legitimacy
General Agus Subiyanto, commander of the Indonesian military, argues that the 2004 law is outdated and ineffective in aligning with state policies. He believes the proposed amendments will broaden the military’s noncombat functions. Defense Minister Sjafrie Sjamsoeddin further asserts that the skills of active-duty military personnel will be rigorously tested before they are placed in civilian roles. However, lack of transparency is unacceptable. According to an Imparsial report, even before considering these proposed amendments, at least 2,569 active-duty officers were serving in civilian positions, with some operating outside the legal framework. This situation underscores the need for stringent regulations.
Civil Society: The Romans or Spartans
Civic groups such as the Commission for Missing Persons and Victims of Violence (KontraS), Human Rights Watch, and Imparsial have vehemently opposed the proposed amendments. Civil society in Indonesia already feels threatened from the revival of authoritarian elements. Andreas Harsono, senior Indonesia researcher at Human Rights Watch, has voiced concerns that Indonesia’s military’s influence in civilian affairs could result in a resurgence of widespread abuses and impunity. Of more concern are threats some faces from said groups who protest the proposed amendments. A coalition of 186 civil society organizations has initiated a petition opposing these changes.
The Danger to Defense Against Abuse
One of the most alarming concerns is the potential legitimization of abusive military personnel in civilian roles. President Prabowo has already appointed individuals with questionable human rights records to his cabinet, including former Special Forces officers implicated in the 1998 kidnapping of student activists and Defense Minister Sjafrie Sjamsoeddin, accused in grievous human rights violations.
The Law & Power
Crucially, soldiers accused of crimes, including in their civilian roles, would continue to be under military jurisdiction. Indonesia’s military justice system, which reports to command structures, has a long history of failing to adequately investigate and prosecute human rights abuses, especially when high-ranking officers are involved.
The Judication Needs of Women
Women’s rights organizations have also expressed grave concerns. Any sexual violence or other abuses perpetrated by military personnel would be dealt with by the military justice system, which often lacks the judicial impartiality needed for women to access justice.
Pro tips: Recall what can happen if politicians attempt to use a voter frightened by leaks and lies about what could happen in the future to get elected.
The Future Implications
A major concern is that Indonesia could suffer from a fresh setback in its democratic development. The proposed reforms seek to bypass civil society consultations, risking further marginalizing the voices fighting for a transparent and accountable democracy. The ramifications could escalate into a more prominent role for the military, potentially tilting Indonesia’s delicate political balance back towards authoritarianism.
“With its rapid and reckless ratification process, this amendment appears intended to reinstate the Indonesian military’s ‘dual function’ in governance,” says Dimas Bagus Arya Saputra, the coordinator of KontraS. “Restoring the dual function to anyone’s role in the government will merely legitimize the appointment of abusive military personnel in the government.
Did you know? The Indonesian human rights report by Imparsial dating back as far as 2019 found each year the military reduced the number of deaths caused by its operations from estimates in previous years. Still the possibility certainly existed.
Table: Comparison of Current and Proposed Legal Frameworks
| Aspect | Current Legal Framework | Proposed Amendments |
|---|---|---|
| Military in Civilian Roles | Limited to 10 specific ministries | Expanded to various civilian posts |
| Judicial Oversight | Civilian courts for civilian crimes | Military jurisdiction retained |
| Transparency and Accountability | Investigate and try military personnel in general jurisdiction courts | Investigations under control of commanding officers |
| Civil Society Consultation | Limited in dual function military | Minimal civil society involvementin the future |
FAQ
What is the proposed dual function (dwijfungsi) for the military?
Proposed so that it can make decisions affecting the civilian realm. How can one worsen corruption when these could end up on university boards? The current position was achieved by extreme force of personality by campaigners and almost cost lives. Why would Indonesia bring this back now?
Who are the main opponents of the proposed amendments?
Several human rights organizations, including the global experts Human Rights Watch, and a number of Indonesian organizations such as KontraS, Imparsial, and the Legal Aid and Human Rights Association.
What are the potential impacts of the reforms on civil society and democratic governance?
The amendments would significantly expand the military’s involvement in civilian governance, potentially revisiting widespread abuses and impunity, weakening the judicial oversight over military personnel in civilian roles and lessening women’s rights.
Join the Conversation
We encourage our readers to share their thoughts, concerns, and insights in the comments section. Your voice is crucial in addressing the potential impacts of these amendments and ensuring that Indonesia’s democratic principles are upheld.
