"Het recht hinkt achter de feiten aan"

Legal Literacy - The opinion article begins with a quote from an old Dutch proverb stating that the law always lags behind events. However, the author does not fully agree, because the law is not an individual ("geen persoon"), but a system composed of various subsystems. As a result, if there is a deficiency in one subsystem, other aspects of the legal system will play a role in covering it. In this context, the law refers to written law or legislation. The process of change in the law must go through established mechanisms. Therefore, adjusting the law to developing conditions cannot be done instantly or arbitrarily.IntroductionThe Indonesian National Army (TNI) now has the authority to operate in the cyber world. This is officially stated in the revision of the TNI Law which gives them the task of dealing with digital threats. But, here a big question arises: hasn't digital security been the responsibility of the Ministry of Communication and Informatics (Kominfo) and the National Cyber and Crypto Agency (BSSN)?

Many parties are starting to question whether this policy will actually create overlapping authorities between institutions. One of those who highlighted this issue was Nenden Sekar Arum, Executive Director

Southeast Asia Freedom of Expression Network (SAFEnet)

. According to her, this revision gives the TNI the authority to deal with cyber threats based on Article 7 paragraph (2) letter b number 15 of the TNI Law. However, the problem is that there is no clear definition of what is meant by "cyber defense threat." Southeast Asia Freedom of Expression Network (SAFEnet). Menurutnya, revisi ini memberikan TNI wewenang untuk menangani ancaman siber berdasarkan Pasal 7 ayat (2) huruf b nomor 15 Undang-Undang TNI. Namun, yang jadi permasalahan adalah tidak adanya definisi yang jelas tentang apa yang dimaksud dengan “ancaman pertahanan siber.”

Without strict limitations, the definition of cyber threats can be interpreted broadly. If the TNI considers information warfare in the digital world as a threat, they could enter areas that were previously the responsibility of Kominfo, such as cutting off access to illegal and dangerous content on the internet. This could create new problems: if the TNI also handles the same thing, where is the boundary between their authority and Kominfo? What distinguishes their respective duties? In addition, the level of cyber threat mentioned still lacks clarity, while the scope of cyber defense itself is very broad. In fact, there is a possibility that the military will be involved in dealing with cyber threats that are technical in nature, such as civil problems or acts of terrorism in cyberspace.

Conflict of Authority with BSSN and Other Institutions

Not only Kominfo can be affected, but also BSSN, which has played a major role in regulating national cyber security. BSSN functions as an authority that sets cyber security policies in various sectors, including government and digital infrastructure. If the TNI also starts entering this field, how can we ensure that their cooperation does not clash with existing tasks?

Parasurama Pamungkas, a researcher from the Institute for Policy Research and Advocacy (ELSAM), explained that cyberspace can be divided into three main categories: First, cybercrime, which is handled by the National Police and Kominfo. Second, cyber security and cyber defense, which are under the authority of BSSN. Third, cyber defense, which should be the main task of the TNI.

The limitations for the TNI in occupying strategic positions in state cyber and/or code institutions must be clear, only limited to certain positions and not at the leadership level. Because these institutions are civil institutions that are under civil law regulations. If active TNI soldiers are allowed to occupy leadership positions in this institution, this could potentially create a risk of "militarization of cyberspace" and not comprehensively accommodate various aspects of cyber security, especially those that are technical or related to economic interests.

This means that if the TNI is involved in dealing with cyber threats outside the defense aspect, they have actually entered the working area of other institutions. This is not only confusing, but could also lead to conflicts of authority that complicate the existing system. Worse yet, without clear regulations, the TNI could go further into the public's digital space, even to aspects that should not be part of their duties.

The Role and Controversy of Military Involvement in Cyber Security

One of the biggest concerns of this policy is the possibility of a military approach being applied in the digital world. The author highlights that so far the digital world has been monitored by Kominfo and the National Police, with BSSN regulating the security mechanisms. With the entry of the TNI, there is a potential that their more repressive approach will be used in dealing with cyber threats.

Why is this a problem? Because the military approach is usually more assertive and inflexible, which can lead to measures such as widespread information blocking, increased surveillance of public activity on the internet, to restrictions on freedom of expression. If left unchecked, the TNI could have great power in determining the flow of information in the digital world, including suppressing voices critical of the government.

On the other hand, there are also those who support the revision of the TNI Law. Some members of Commission I of the DPR argue that this new rule will actually strengthen the military's position in protecting the country from increasingly sophisticated digital threats. They argue that cyber threats have now developed to a more complex stage, including cyber warfare and hybrid warfare that can threaten national stability.

In their view, without the involvement of the TNI (Indonesian National Armed Forces), Indonesia could have difficulty in dealing with cyber attacks from foreign parties or certain groups who want to weaken the country's defense system. With this revision, the TNI has a stronger legal basis to carry out its duties in defending Indonesia's digital sovereignty.

Balance Between Security and Freedom

Clearly, although there is an argument that the presence of the TNI in cyberspace could help strengthen Indonesia's digital defense, clear boundaries are still needed so that their authority does not extend into areas that could threaten civil liberties. After all, cybersecurity is a complex aspect and involves many parties. If the roles between institutions are not well regulated, it could create chaos in coordination and policy making.

The best solution may not be just involving the TNI in cyberspace, but creating a more integrated system among related institutions. That way, all parties can work together according to their respective roles without causing conflicts of interest or abuse of authority.

Conclusion

The involvement of the TNI in the cyber world is a decision that has sparked much debate. On the one hand, this step could strengthen the country's defense against increasingly complex digital threats. However, on the other hand, if not properly regulated, it could lead to overlapping authorities, inter-agency conflicts, and even endanger the digital freedom of the community.

Therefore, it is important for the government to ensure that this TNI Law revision not only strengthens cyber defense, but also maintains a balance between national security and the rights of citizens in the digital world. This policy must be designed with clear regulations, so that efforts to maintain security do not lead to restrictions on freedom of expression and human rights in the digital age.