The TNI Law Was Drafted Without Intimidation and Involved Public Participation to Address Contemporary Challenges
By: Dewi Kartinah Soedjono
The ratification of Law Number 3 of 2025 concerning Amendments to Law Number 34 of 2004 on the Indonesian National Armed Forces (TNI Law) has once again drawn public attention following several parties submitting a formal review to the Constitutional Court. However, it must be emphasized that the drafting process of this law was carried out without pressure or intimidation from the government toward the public. On the contrary, it ensured a broad space for public participation. Not only did it comply with all the procedures required by law, but the formation of this law also serves as evidence that in Indonesia’s democratic system, laws and public policies can be created transparently and responsively.
Minister of Law and Human Rights, Supratman Andi Agtas, explained that the revision of the TNI Law was not a sudden policy. He stated that the Draft Law (RUU) was prepared based on the urgent need to strengthen the protection of Indonesian citizens, especially in the face of regional and global security dynamics. The evolving situation—ranging from military and non-military threats to hybrid forms such as terrorism and cyberattacks—requires a relevant and robust legal framework.
Additionally, Supratman emphasized that this process was also a follow-up to the Constitutional Court’s Decision Number 62/PUU-XIX/2021. In that ruling, the Court requested a revision of the TNI Law to address the need for legal certainty regarding retirement age and the regulation of the TNI’s roles. This indicates that the amendment of the TNI Law is not a product of power manipulation but a legitimate constitutional process.
The planning process for the draft law also followed all provisions stipulated in the Law on the Formation of Legislation (UU P3). The government initiated this effort by collecting public aspirations through focused group discussions (FGDs) since 2023. These discussions were organized by the Legal Development Agency of the TNI Headquarters and involved various elements of society. The inputs gathered from these discussions were then used to formulate the inventory list of issues (DIM) for the TNI draft law.
The next stage of drafting was carried out in accordance with procedures, including inter-ministerial coordination led by the Coordinating Ministry for Political, Legal, and Security Affairs. A formal letter from the House of Representatives (DPR RI) sent in May 2024 served as a formal foundation that reinforced the legality of this process. The discussions were conducted in two stages: level I discussions in Commission I of the DPR RI and level II discussions in the plenary session.
Furthermore, Supratman stated that the law was passed and enacted on March 26, 2025. He stressed that the entire process adhered to the principle of meaningful participation. In this case, public involvement was not merely a formality but was facilitated openly, allowing the public to proactively provide input without needing an official invitation.
This clarification refutes the allegations that the law was created through a closed or authoritarian process. In fact, the government provided broad access for the public, including through public hearings, information dissemination, and the involvement of academics, civil society organizations, as well as relevant ministries and agencies.
The Chair of Commission I of the DPR, Utut Adianto, also reinforced this narrative of transparency and legality. He stated that the TNI Law revision had been included in the 2025 National Legislative Program (Prolegnas) after receiving approval from the DPR plenary session on February 18, 2025. The political process between the President and the DPR RI, as outlined in Presidential Letter Number R-12/Pres/02/2025, served as the legal basis for the continuation of the bill’s deliberation.
Utut added that based on Article 71A of the UU P3, the deliberation of the bill could be continued by the next legislative and government period without restarting the process from the beginning. This confirms that the continuity of the deliberations has a strong legal legitimacy and is not the result of a short-term power play.
Nevertheless, several petitioners of the formal review, as listed in Cases Number 56/PUU-XXIII/2025 and Number 75/PUU-XXIII/2025, argued that the law failed to meet the principles of effectiveness and public participation. They claimed that the involvement of TNI personnel in civilian institutions and the extension of retirement age had no logical correlation with state integrity and sovereignty.
However, such arguments deserve more objective scrutiny. The involvement of TNI personnel in certain sectors has been studied through open FGDs and public testing. Likewise, the extension of the retirement age was not merely for individual interests but intended to maintain leadership continuity and institutional effectiveness in the context of the multidimensional threats currently facing Indonesia.
In this regard, the government has never closed the door to public dialogue. On the contrary, the existence of public hearings and academic forums proves that the law was not rushed or decided unilaterally. Participatory mechanisms were widely opened, and whether or not these opportunities were utilized was entirely up to the public.
Accusations that the formation of the TNI Law was driven by elitist interests and alienated the people from the legislative process are assumptions that do not reflect factual reality. Criticism is indeed essential in a democracy, but it must be based on evidence and a proper understanding of the law. In this case, all stages of the legislative process were carried out in accordance with the principles of the rule of law, transparency, and public engagement.
Therefore, the 2025 TNI Law is a legitimate and participatory legal product that addresses national needs. Its presence is not a manifestation of authoritarian power but a reflection of a democratic system that is capable of wisely responding to contemporary challenges. Public participation has been accommodated from the outset, and the process has complied with legal provisions as stipulated in the constitution and relevant laws. Hence, the public should view this law as the result of collaborative efforts between the government, legislature, and civil society to build a stronger Indonesia for the future.
*) Legal and Constitutional Law Expert
