Proposal to Lift Ban on TNI Doing Business, Soldiers’ Professionalism Questioned – 2024-07-17 09:50:37

Proposal to ban TNI from doing business feared to disrupt professionalism (Antara)

The revision of Law No. 4 of 2004 concerning the Indonesian National Armed Forces (UU TNI) has once more seen the addition of articles in the proposed amendments.

From the beginning there were only two articles, namely Article 47 regarding civil positions and Article 53 regarding the age limit for military service, now it has been added with Article 39 regarding the prohibition for TNI soldiers through a letter from the TNI Commander to the Coordinating Minister for Political, Legal and Security Affairs.

The proposed other articles were included in the TNI Bill as conveyed by the TNI Head of Legal Affairs in the Public Hearing on the TNI Amendment Bill held by the Coordinating Ministry for Political, Legal and Security Affairs (12/7).

SETARA Institute Human Rights and Security Sector Researcher Ikhsan Yosarie assessed that the proposed changes to these articles were also contradictory and irrelevant to efforts to strengthen the TNI.

Ikhsan said that the removal of the ban on business activities for TNI soldiers might increase the involvement of TNI soldiers in areas outside of national defense.

The reason is, if previously it was only in the socio-political field, through this proposal it has been expanded to the economic field.

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“This proposal might be a gateway for the decline (regression) of military professionalism, because it legitimizes commercial activities for TNI soldiers and the potential for the use of military aspects for things outside of national defense,” Ikhsan emphasized in a release received on Sunday (14/7).

Then, Ikhsan stated that revoking the norm prohibiting TNI members from doing business as stated in Article 39 might actually have an impact on involvement in larger business activities, distance the TNI from professionalism, and potentially lead the TNI into bad business practices.

Therefore, Ikhsan continued, what is needed in the amendment to Article 39 is to provide more detailed provisions regarding the definition and limitations of the business in question.

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For example, in the explanation of the article, it is not by removing the prohibition on involvement in business activities for the TNI.

Ikhsan also assessed that the addition of provisions in Article 47 paragraph (2) undermines the restrictions on Ministries/Institutions (K/L) which were previously specifically mentioned.

The proposed changes include the addition of provisions that active soldiers may occupy positions in ministries or other institutions that require the manpower and expertise of active soldiers in accordance with the President’s policy.

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In addition, there is no guarantee that this provision is only for ministries or other institutions related to national defense, considering that there is no diction ‘related to national defense’ in the provision.

Although it is not directly related to practical politics, the expansion of civilian positions for TNI soldiers can open up space for accommodation politics for the military.

“The long-term impact creates a political debt of gratitude because all of these K/L spaces were opened based on the President’s policy, which is in fact a political product resulting from the contestation in the General Election,” he said.

Therefore, SETARA encourages the Indonesian House of Representatives to postpone the discussion of the revision of the TNI Law and first expand meaningful participation of the public, experts, academics, and civil society.

“In SETARA’s view, public trust and the high image of the TNI institution in the eyes of the public must continue to be maintained by maintaining and strengthening the TNI reform agendas, so that the TNI becomes a strong and professional army in the field of national defense,” said Ikhsan. (Z-10)