TEMPO.CO, Jakarta - Chairperson of the National Council of Setara Institute, Hendardi, criticized the decision of TNI (Indonesian National Armed Forces) Commander General Agus Subiyanto to order the deployment of troops to support the security of the High Prosecutor's Office (Kejaksaan Tinggi) and District Prosecutor's Office (Kejaksaan Negeri) throughout Indonesia. He deemed the policy to be contrary to the constitution and several laws that regulate the military and civilian institutions.
"The Telegram Letter from the TNI Commander and the Army Chief of Staff is contrary to the State Constitution and laws, especially the Judiciary Power Law, Prosecutor's Office Law, National Defense Law, and TNI Law. The TNI Commander and the Army Chief of Staff should immediately retract and annul the Telegram Letter," said Hendardi in a press statement on Monday, May 12, 2025.
The Telegram Letter (ST) from the TNI Commander with number TR/422/2025, issued on May 5, 2025, contains orders to support the security of the tasks carried out by the Indonesian Prosecutor's Office throughout the territory. The ST was followed up by the Chief of Staff of the Army (KSAD) General Maruli Simanjuntak by issuing an Expedited Telegram Letter with number ST/1192/2025 the following day.
In the letter, the KSAD ordered the deployment of a Platoon-Level Unit (SST) or around 30 personnel in each High Prosecutor's Office, and a squad of 10 personnel in each District Prosecutor's Office, complete with combat equipment from the combat and support units of the TNI.
Hendardi questioned the urgency and legal basis for the military deployment to secure civilian law enforcement institutions. He believed that there was no objective situation that required military support to maintain the security of the Prosecutor's Office. "The request for and granting of security support from the Prosecutor's Office is a form of overzealousness by civilian institutions in law enforcement," he said.
Furthermore, according to him, the Prosecutor's Office's actions are part of efforts to build institutional collaboration with the TNI that are laden with political interests. He linked it to the discussions on the Prosecutor's Office Bill and the Criminal Procedure Code Bill (KUHAP) that are currently ongoing in the House of Representatives.
"The TNI's security support for the Prosecutor's Office raises questions about the political motives at play," said Hendardi. He added that the Prosecutor's Office should be a part of the purely civilian criminal justice system, without involving the military in its operations.
According to Hendardi, the order actually shows a tendency of strengthening militarism in the national law enforcement system. He reminded that according to Indonesian positive law, the TNI only has jurisdiction over law enforcement within the internal military framework, which should also be revised.
"The TNI Commander and his subordinates should focus on revising Law Number 31 of 1997 on Military Judiciary, rather than involving the TNI in civilian law enforcement," he stated. He emphasized that the supremacy of law and civilian supremacy are the primary principles in democratic governance that should not be compromised.
The Memorandum of Understanding (MoU) between the Prosecutor's Office and the TNI regarding cooperation in utilizing resources and enhancing professionalism in law enforcement is considered vulnerable to misuse and opens up the possibility of wider military involvement in the civilian criminal justice system.
"Law enforcement is a civilian matter, and TNI involvement in it contradicts the basic principle of civilian supremacy in a democratic state," said Hendardi.
Meanwhile, the Attorney General's Office denied the statement from the Civil Society Coalition for Security Sector Reform, which stated that the deployment of TNI in the High Prosecutor's Office and District Prosecutor's Office could strengthen military intervention in civilian law enforcement, particularly in law enforcement areas.
"Intervention in what? Its task (the deployed TNI) is only to secure the offices," said Head of the Legal Information Center of the Attorney General's Office, Harli Siregar, when confirmed on Sunday, May 11, 2025. "It is not related to the substance of case handling."
Daniel A. Fajri contributed to the writing of this article.
Editor's Choice: ISDS Questions Basis for TNI Assignment at AGO without Actual Military Threat
Click here to get the latest news updates from Tempo on Google News
ISDS Questions Basis for TNI Assignment at AGO without Actual Military Threat
1 jam lalu
The ISDS is questioning the Indonesian National Armed Forces (TNI) assignment policy in securing the Attorney General's Office (AGO).
House Urges Indonesian Military to Evaluate Ammunition Destruction SOPs
1 jam lalu
Indonesian House of Representatives urges the National Military (TNI) to evaluate the ammunition destruction procedure that caused explosion in Garut.
Victims Killed in Garut Ammunition Explosion Allegedly Participated in Destruction Process
1 jam lalu
Residents of Garut Regency, West Java who died in the explosion site were suspected to have helped the ammunition destruction team. Residents were also hunting for leftover shells to be sold.
Ammunition Disposal Incident Leaves 13 Presumed Dead in Garut, West Java
16 jam lalu
Thirteen people are suspected to have died due to the destruction of firearm ammunition in Cibalong District, Garut Regency, West Java, on Monday, May 12, 2025.
Indonesian Military's Raid in Papua Leaves One OPM Member Dead
2 hari lalu
The Indonesian military conducted a raid on a Free Papua Movement (OPM) group in Kampung Kalome, Ilamobrawi, Puncak Jaya Regency, Papua, resulting in the death of one OPM member.
Prosecutors Seek Death Penalty for Two Medan Drug Couriers in Meth, Ecstasy Bust
3 hari lalu
The police found 29 kilograms of meth and 39,000 ecstasy pills weighing a total of 15,358 grams inside the car the drug courier was driving.
The Tactics to Remove Gibran
3 hari lalu
The Indonesian Military Retired Soldiers Forum calls for the removal of Gibran.
Jakarta Prosecutors Name 9 Suspects in Rp431bn Telkom Indonesia Fake Financing Scheme
4 hari lalu
The Jakarta High Prosecutor's Office has named nine individuals as suspects in a corruption case involving fictitious project financing at Telkom.
Indonesian Military Threatens Dismissal for Soldiers Involved in Online Gambling
5 hari lalu
The TNI has taken action against 4,000 soldiers involved in online gambling, including sanctions and ongoing criminal prosecution.
Commander: Online Gambling Widespread in Indonesian Military
5 hari lalu
As of November last year, the Military Police recorded around 4,000 TNI personnel who had engaged in online gambling.
