Legal Literacy - Following in the footsteps of the Indonesian National Army (TNI) through the Revision of Law Number 3 of 2025. One of the contents is to expand the opportunities for active TNI soldiers to fill positions in 16 ministries/institutions, although accompanied by a restriction mechanism, in addition to adding new tasks such as assisting in overcoming cyber threats, protecting Indonesian citizens abroad, and dealing with drug abuse.

The Indonesian National Police (Polri) also issued Indonesian National Police Regulation Number 10 of 2025 concerning Members of the Indonesian National Police Who Carry Out Duties Outside the Organizational Structure of the Indonesian National Police. based on Indonesian National Police Regulation Number 10 of 2025, members of the National Police can fill managerial and non-managerial positions in 17 ministries and institutions outside the Police structure, such as in OJK, KPK, BNN, BIN, to Kemenkumham and ESDM.

Dwifungsi ABRI (Dual Function of the Armed Forces)

The placement of TNI soldiers and Polri members in ministries/institutions is reminiscent of the New Order era of Dwifungsi ABRI. In that era, the Police together with the TNI AD, TNI AU and TNI AL were in one institution, the Indonesian Armed Forces (ABRI). Dwifungsi ABRI (socio-political and security functions) is the doctrine of the dual role of the Indonesian military (Indonesian Armed Forces), where ABRI serves as a security defense force (Hankam) as well as a socio-political force, which allows military officers to occupy positions in the government and legislature to participate in national development. This concept was initiated by A.H. Nasution to create stability, although in practice there are often deviations.

ABRI members are spread across almost every stratum of executive positions, from Ministers, Governors, high state institutions such as the DPA (Supreme Advisory Council) and others. Even in the DPR legislative institution, the ABRI Faction in the DPR during the New Order era was a military representative appointed directly by the President (Soeharto) through an appointment mechanism, not elections, as part of the Dwifungsi ABRI (socio-political and security functions) policy, and they got permanent seats in parliament (up to 100 seats), not elected by the people. Through this dual role, the military is allowed to hold positions in the government, ABRI officers sit in political and government positions such as various legislative and executive institutions and in the government bureaucracy.

Indeed, it must be admitted that, from the positive side, ABRI is considered capable of maintaining security stability and supporting national development because it is directly involved in the field. Military communication skills with the people are expected to channel aspirations and encourage development. However, the negative impact is greater, military domination, ABRI fills important positions such as ministers, regents, governors, ambassadors, to leaders of BUMN, reducing the role of civilians, Lack of Transparency & Democracy, Great political power triggers KKN practices and abuse of authority for personal or group interests, Human Rights Violations: The relationship between civilians and the military becomes disharmonious due to military domination, and Freedom of expression is very limited because it is considered subversive

Finally, Dwifungsi ABRI collapsed, along with the collapse of the New Order in 1998. The concept of Dwifungsi ABRI was abolished. The peak was the abolition of the TNI/Polri Faction in the DPR in 2004, separating the role of the military from practical politics.

Expansion of Civil Positions

The Police officially separated from ABRI, after the 1998 Reformation, precisely based on Tap MPR No. VI/MPR/2000 which officially separated the Police from ABRI and placed the Police under the President. Followed by the birth of Law No. 2 of 2002 concerning the Police, making it a professional civilian institution as an independent law enforcement, confirming the independence of the Police, regulating the direct responsibility of the National Police Chief to the President, and affirming the Police as a civilian law enforcement agency.

After 2 (two) decades have passed, now the Police are tempted again to be able to place their members in 17 ministries/institutions outside the Police organizational structure. This refers to the Republic of Indonesia Police Regulation (Perpol) Number 10 of 2025.

Likewise, the TNI, based on the Revision of Law No. 3 of 2025 concerning the TNI, can place its active members in civilian positions such as BNPT, BNN, BIN, the Supreme Court, and others. Thus, there will be 33 ministries/institutions whose positions are filled by TNI and Polri Members. This implies public concern about the return of Dwifungsi TNI Polri.

Back to Fitrah (Nature)

Civilian ministries/institutions should indeed only be filled by civilians. Likewise, military/Police institutions are filled by military/Police. The nation's best sons must occupy their appropriate places. “The right man the right place”

The Indonesian National Army (TNI) as a defense tool of the Unitary State of the Republic of Indonesia (NKRI), is tasked with implementing state defense policies to uphold state sovereignty, maintain territorial integrity, protect the safety of the nation, carry out military operations for war and military operations other than war, and actively participate in the task of maintaining world peace.

The corridor of TNI's existence is tasked with implementing state defense policies to uphold state sovereignty, maintain territorial integrity, protect the safety of the nation, carry out military operations. while the realm of the Police includes maintaining public security and order, law enforcement, protection, guidance, and service to the community.

It is clear that the placement of TNI and Polri members in ministries/institutions violates nature and injures civilian supremacy, and can even be categorized as contrary to the Constitutional Court (MK) Decision through decision number114/PUU-XXIII/2025 which states that it limits civilian positions for active security forces, both TNI and or Polri. The Constitutional Court's decision is final and binding on all state institutions, so it should not be circumvented through lower regulations, namely Perpol 10 of 2025, not just a matter of technical staffing, but a constitutional principle to maintain civilian supremacy and state neutrality (Prof. Dr. H. Mohammad Mahfud Mahmuddin, S.H., S.U., M.I.P. In a podcast forum)

Table of contents

  1. Dwifungsi ABRI (Dual Function of the Armed Forces)
  2. Expansion of Civil Positions
  3. Back to Fitrah (Nature)