Military in Cyberspace: Strategic Move or Threat to Digital Freedom?

Nazhif Ali Murtadho, S.H.

Contributor

01 Apr 2025 · 22:01 01 April 2025 22:01 WIB 7 minutes reading time: 7 minutes 54 read

The TNI's authority in cyberspace raises pros and cons. If not clearly regulated, it could trigger overlapping authorities and threaten digital freedom.

Military in Cyberspace: Strategic Move or Threat to Digital Freedom?

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Table of Contents

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
Conflict of Authority with BSSN and Other Institutions
The Role and Controversy of Military Involvement in Cyber Security
Balance Between Security and Freedom
Conclusion

"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.