TNI Guarding of Prosecutor's Residence Raises Civilian Supremacy Concerns

JAKARTA - Anti-corruption activist Anshor Mukmin highlighted the involvement of TNI personnel in securing the house of the Deputy Attorney General for Special Crimes (Jampidsus) Febrie Adriansyah. According to him, the security needs to be a concern because Indonesia is a democratic country, so that every state institution must carry out its duties in accordance with the constitutional mandate and laws and regulations.

The Secretary General of the Indonesian Anti-Corruption Committee said Article 30 of the 1945 Constitution had clearly distinguished the functions of the Indonesian National Army (TNI) and the National Police of the Republic of Indonesia (Polri).

"Article 30 of the 1945 Constitution clearly distinguishes the function of the TNI as a state tool in the field of defense and maintaining sovereignty, while the function of the National Police as a state tool that carries out the function of public security and order and law enforcement. This separation is not merely an administrative arrangement, but a constitutional reform mandate to prevent overlapping authorities while ensuring the supremacy of the civil," Anshor said in his statement, Thursday, July 9.

He explained, Law Number 34 of 2004 concerning the Indonesian National Army stipulates that the main task of the TNI is to maintain state sovereignty, maintain territorial integrity, and protect the nation from military and armed threats.

Therefore, according to him, any expansion of the military's role into the realm of civil law enforcement must be approached carefully so as not to blur the boundaries of authority that have been established in the constitutional system.

"The professionalism of state apparatus is not only measured by the ability to carry out tasks, but also by compliance with the limits of each authority. Any involvement of the TNI in activities related to civil law enforcement needs to be viewed carefully. Although the reason for the security of law enforcement officials can be understood as an effort to provide protection, the practice should not develop into a normalization of military involvement in the civil law enforcement space," he said.

Anshor emphasized that law enforcement is the domain of civil institutions that have their own mechanisms, oversight systems, and accountability. Meanwhile, the TNI was formed as a state defense instrument that has the main mandate of safeguarding sovereignty, territorial integrity, and national security from threats in the field of defense.

"Precisely in order to maintain the honor and professionalism of the TNI, the institution must be kept away from law enforcement functions that are not its main mandate. This is important to clarify the separation of defense functions and civil law enforcement functions, as well as strengthening the principle of civil supremacy which is one of the pillars of a democratic state," he said.

He added that the involvement of the military in the civil space, even if based on a request for assistance or security considerations, must be extraordinary, have a clear legal basis, be proportional, and be under a transparent accountability mechanism. Without strict restrictions, he said, the public interpretation space will be wider and potentially create the perception that civilian functions are beginning to be distorted by military institutions.

"I conclude that public confidence in law enforcement is not built through demonstrations of strength, but through the independence of the apparatus, legal certainty, transparency, and accountability. At the same time, confidence in the TNI will also be stronger if this institution that we are proud of continues to focus on carrying out its main task as a professional, modern, and people-loving defense tool," he said.

On that occasion, the Indonesian Anti-Corruption Committee also invited the public to monitor the principle of civilian supremacy and consistency of security sector reform. The organization calls for no normalization of the involvement of the TNI in the enforcement of civil law outside the mechanisms stipulated by the constitution and laws.

In addition, the government is encouraged to ensure that every state institution works in accordance with its constitutional mandate, increase transparency and accountability for every policy involving military elements in the civilian sector, and invite all elements of society to monitor security sector reform as part of efforts to strengthen the rule of law and democracy in Indonesia.