Indonesia’s Proposed Military Law Amendments: Implications for Rights and Freedoms

Indonesia’s Proposed Military Law Revision Sparks Concerns Over Civilian Supremacy

March 19, 2025

A controversial bill in Indonesia seeks to expand the military’s role in civilian government, raising alarms about potential human rights abuses and democratic backsliding.The proposed revisions to the 2004 armed forces law could allow active-duty military personnel to fill positions in various civilian agencies, mirroring a “dual function” era reminiscent of authoritarian rule. Critics fear this move undermines civilian oversight and accountability, with potential implications for justice and human rights.

The Controversial Bill: A Step Backwards?

Indonesia’s Parliament is on the verge of voting on amendments to the National Armed Forces (Tentara Nasional indonesia) Act, Law No. 34/2004. The bill, slated for plenary session submission on March 20, 2025, and a vote before the legislative recess on March 25, seeks to revise three key articles concerning the military’s position, retirement age, and civilian posts for active officers.

These revisions, already approved by the House of Representatives’ Defence and Security Commission, would grant President Prabowo Subianto Djojohadikusumo the power to appoint active-duty military personnel to a wider array of civilian posts. This includes positions within the justice system, state-owned companies, and agencies like the Attorney General’s Office, National Disaster Mitigation Agency, and national Counterterrorism Agency.

The implications are significant. Opponents argue these changes could revive dwifungsi, the military’s “dual function,” a concept deeply associated with President Soeharto’s authoritarian regime (1965-1998). During this period, the military wielded significant political and social influence, often with dire consequences for human rights.

With its rapid and reckless ratification process, this amendment appears intended to reinstate the Indonesian military’s ‘dual function’ in governance.

Dimas Bagus Arya Saputra, coordinator of KontraS

Dimas Bagus Arya Saputra, the coordinator of KontraS, a Commission for Missing Persons and Victims of Violence, articulated these fears, stating, “The expansion of the armed forces authority in the civilian realm would be a setback for democracy in indonesia.”

Echoes in the U.S.: The Separation of Military and Civilian Powers

For U.S. readers, this situation may evoke concerns about the separation of military and civilian powers. While the U.S. has a tradition of civilian control of the military,enshrined in the Constitution,there have been instances where military expertise has been sought in civilian roles. However, these appointments are typically scrutinized to ensure they don’t undermine civilian authority or create conflicts of interest.

For example, the appointment of retired generals to high-ranking positions in the Department of Defense or the Department of Homeland Security has occasionally generated debate. The key difference lies in the U.S.’s well-established legal and cultural norms that prioritize civilian oversight. The Indonesian case raises concerns that these safeguards may be weakened.

The potential for conflicts of interest and the erosion of civilian expertise are significant concerns in Indonesia, as they would be in the U.S. A strong civil service, independent of military influence, is crucial for effective governance and democratic accountability.

human Rights Concerns and the Shadow of the Past

The prospect of active-duty military personnel occupying civilian posts raises serious human rights concerns, notably given Indonesia’s history.

President prabowo appears intent on restoring the Indonesian military’s role in civilian affairs, which were long characterized by widespread abuses and impunity.

Andreas Harsono, senior Indonesia researcher at Human Rights Watch

Andreas Harsono, senior Indonesia researcher at Human Rights Watch, emphasized this point: “The government’s rush to adopt these amendments undercuts its expressed commitment to human rights and accountability.”

President Prabowo’s appointment of individuals with questionable human rights records to his cabinet has amplified these fears.Among them is Defense Minister Sjafrie Sjamsoeddin, who was implicated in the May 1998 crackdown against student demonstrations in Jakarta and gross human rights violations in East Timor in 1999. This raises alarms that the revised law could provide a pathway for military officers with histories of abuse to join the government.

Concern	Potential Impact
Erosion of Civilian Oversight	Weakened accountability for military actions, potential for abuse of power.
Conflicts of Interest	Military personnel may prioritize institutional interests over civilian needs.
Impunity for Past Abuses	Military justice system has a history of failing to adequately prosecute human rights violations.
Increased Militarization of Society	Normalization of military involvement in civilian life, perhaps stifling dissent.

The Military Justice System: A Barrier to Accountability?

Indonesia’s military justice system, governed by the 1997 Law on Military Tribunals, poses a significant challenge to accountability. Military personnel implicated in criminal activity, even while serving in civilian roles, are investigated by military authorities and tried in military courts. This system has a track record of failing to adequately investigate and prosecute military personnel, particularly high-ranking officers, for alleged human rights abuses.

Furthermore, Indonesian women’s rights organizations have voiced specific concerns about the proposed amendments. They fear that cases of sexual violence and other abuses against women perpetrated by military personnel in civilian functions would fall under military law enforcement, further undermining justice and accountability.

Judicial impartiality is an vital component of access to justice for women. The amendment to the armed forces law, if approved, will meen that the military justice system will be handling cases of violence against women in the civilian sphere.

Uli Arta Pangaribuan of the Indonesian Legal Aid Association for Women

Civil Society Resistance and the Path Forward

A coalition of 186 civil society organizations has launched a petition opposing the amendments,demonstrating widespread concern. Though, this resistance has come at a cost. KontraS reported that some of its members have received threats after protesting the proposed law.

The situation in Indonesia highlights the importance of a vibrant and protected civil society in holding power accountable. In the U.S., organizations like the ACLU and Human Rights Watch play a crucial role in monitoring government actions and advocating for human rights. Similar organizations in Indonesia are facing increasing pressure, underscoring the need for international support and vigilance.

As Indonesia approaches the vote on these controversial amendments,the international community,including the U.S., shoudl closely monitor the situation. Encouraging dialog between the government and civil society, and advocating for the protection of human rights and democratic principles, is crucial to ensuring a just and equitable future for Indonesia. The U.S. should also be prepared to re-evaluate its relationship with Indonesia should these laws be enacted and abuses follow.

archyde.com – In-depth news Expansion

What are the potential long-term implications of granting active-duty military personnel greater authority in civilian roles within various Indonesian government agencies?

interview: Indonesia’s Military Law Revisions and civilian Supremacy

Archyde News: Welcome, Dr. Anya sharma, to Archyde News. We’re grateful to have you here to discuss the very concerning revisions to Indonesia’s National armed Forces act, Law No. 34/2004. Your expertise on Southeast Asian political dynamics is invaluable as we unpack this.

Expert Analysis of the Proposed Military Law

Dr. Anya Sharma: Thank you for having me. It’s a critical issue, and I’m glad to share my insights.

Archyde News: Coudl you briefly outline what the key changes in this bill entail, and why they’re raising such notable fears, notably regarding the potential militarization of civil roles within the Indonesian government?

Dr. Sharma: Certainly. The core of the amendment allows active-duty military personnel to occupy senior positions in various civilian agencies,including the justice system and state-owned enterprises. Critics fear this is a return to *dwifungsi*, or “dual function,” a concept where the military wields significant power in both military and civilian spheres, leading to significant human rights violations during the Soeharto era.This represents a potential step backward for Indonesia’s path towards consolidated democratic values.

Human Rights Concerns and Democratic Backsliding

Archyde News: Concerns regarding human rights abuses seem to be at the forefront of the opposition.Could explain this?

Dr. Sharma: Absolutely. Giving the military expanded power over civilian functions opens the door to potential abuses of power. The military justice system in indonesia has historically struggled to prosecute its members for alleged human rights violations. this bill could create a pathway that further reduces accountability for military personnel, especially in instances of alleged abuses committed in civilian roles, and further undermines the justice system for civilian populations.

Archyde News: The article mentions parallels with the U.S. system. Though, what are the key factors differentiating the situations and why are these comparisons vital to understanding the debate?

Dr. Sharma: The U.S. separation of military and civilian powers is constitutionally enshrined and is deeply ingrained in culture and laws. While there are instances where the U.S. seeks assistance from those with military expertise, that is done with civilian oversight. In Indonesia, the proposed amendments aim to fundamentally alter the balance and provide room for the military to increase its influence in governance. this increases the risk of conflicts of interest, the erosion of civilian expert roles, and the undermining of democratic processes.

What This Law Means for Indonesian Democracy

Archyde News: If these amendments pass, what are the most significant implications for the future of Indonesian democracy?

Dr. Sharma: The potential implications stretch across several critical areas. we might see a considerable weakening of civilian oversight, an increase in conflicts of interest, and potentially, the further normalization of military involvement in areas within the government. Civil society organizations are raising concerns about the weakening of the civilian justice system and the potential for impunity for past abuses. This could lead to democratic backsliding and a worrying trend of increasing militarization of the Indonesian government and, by extension, Indonesian society.

Archyde News: The government has stated reasons for these changes,but what would you say to those who may support this initiative?

Dr. Sharma: I would encourage everyone to consider where this direction leads. The military might be more effective at handling certain functions, but ultimately, civilian oversight and accountability are essential to a healthy democracy. Is the perceived efficiency worth potentially eroding justice, human rights, and the very foundational principles of a democratic nation? It is crucial to examine these potential long-term implications. This is an important question for all Indonesians.

Archyde News: thank you, Dr. Sharma, for this illuminating discussion. Your insight provides our audience with a clearer understanding of this highly relevant and contentious topic.

Dr. Sharma: Thank you for having me.