Legal Literacy - This article provides a brief and clear explanation of the neutrality of the TNI and Polri, addressing the question of why the TNI and Polri do not participate in elections. Let's explore the explanation!

Maintaining Political Stability and National Security with the Neutrality of the TNI and Polri

Participation in general elections (pemilu) is a key pillar in the democratic process in Indonesia. As citizens, the right to vote in determining the direction of government is a guaranteed right. However, in Indonesian Elections, there is an exception for members of the TNI (Indonesian National Armed Forces) and Polri (Indonesian National Police) to participate in the election process.

This decision was not taken arbitrarily, but is reflected in the principles underlying the independence and neutrality of the two security institutions. The TNI and Polri are expected to maintain neutrality and independence in carrying out their duties, regardless of political changes that occur from time to time. Although this may be controversial, the existence of this policy affirms the commitment to separating the security and defense functions of the state from the practical political arena.

The legal basis governing why the TNI and Polri do not vote in elections is stated in Article 200 Law Number 7 of 2017 concerning General Elections (UU Pemilu) which reads:

“In Elections, members of the Indonesian National Armed Forces and members of the Indonesian National Police do not exercise their right to vote.” Then Article 39 of Law Number 34 of 2004 concerning the Indonesian National Armed Forces

(UU TNI), reads: “Soldiers are prohibited from being involved in: activities as members of political parties;

practical political activities;

  1. business activities; and
  2. activities to be elected as members of the legislature in general elections and other political positions.”
  3. Furthermore, the prohibition against the Polri is stated in
  4. Article 28 of Law Number 2 of 2002 concerning the Indonesian National Police

(UU Polri), which reads: “1. The Indonesian National Police shall be neutral in political life and shall not be involved in practical political activities. 2. Members of the Indonesian National Police do not exercise the right to vote and be elected.

3. Members of the Indonesian National Police may hold positions outside the police force after resigning or retiring from police service.”

Based on the Explanation of Article 28 paragraph (1) of the UU Polri, what is meant by "being neutral" is that members of the Indonesian National Police are free from the influence of all political parties, groups and are prohibited from becoming members and/or administrators of political parties.

Then the Explanation of Article 28 paragraph (2) of the UU Polri, although members of the Polri do not exercise the right to vote and be elected, the participation of the Polri in determining the direction of national policy is channeled through the People's Consultative Assembly in accordance with the provisions of applicable laws and regulations.