JAKARTA - Defense and security observer from the Institute for Security and Strategic Studies (ISSES) Khairul Fahm assesses Presidential Regulation (Perpres) Number 66 of 2025 concerning State Protection against Prosecutors in Carrying Out Tasks and Functions of the Attorney General's Office of the Republic of Indonesia must have strict limits in order to limit the authority of the TNI.
"Strict SOPs are needed, clear limits, and measurable durations so as not to cause an impression of militarization or overlapping authority," he said, quoted by Antara, Saturday, May 24.
According to Fahmi, the basic principle of the formation of the Presidential Decree must be supported, namely deploying the TNI to protect all components of the Attorney General's Office (AGO) in carrying out their duties.
However, Fahmi also does not blame people who are worried because the Presidential Decree facilitates the TNI to intervene in the work of the prosecutor's office, namely in the field of security.
"Some of the concerns that this could open up a gap in the involvement of the TNI which is too broad in civil matters are legitimate and reasonable in democracy," explained Fahmi.
Therefore, Fahmi assessed that both the TNI and Polri must comply with the provisions of the Presidential Decree, namely the work portion of the two agencies is only limited to security.
"This Presidential Decree confirms that the TNI and Polri do not take over the function of law enforcement, but are present in the form of limited protection for prosecutors," said Fahmi.
Fahmi continued, the commitment of the TNI and Polri also needs to be monitored by the public so that the two agencies comply with the provisions in the Presidential Decree.
With openness to supervision, Fahmi believes that public trust in the TNI and Polri in running the Presidential Decree will increase.
"Institutional supervision and accountability, as well as open public communication, remain the key to ensuring that professionalism is maintained, public trust continues to grow, and democracy remains healthy," explained Fahmi.
Previously, Presidential Decree Number 66 of 2025, consisting of 6 chapters and 13 articles, was determined by President Prabowo Subianto in Jakarta, Wednesday (21/5), then promulgated on the same day by Minister of State Secretary Prasetyo Hadi.
In the Presidential Decree, a copy of which was received by Antara in Jakarta, Thursday, the prosecutor and his family are entitled to the protection of the state which will be given by the Indonesian National Police (Polri).
Article 4 of Presidential Decree No. 66/2025 regulates the protection of the state for prosecutors and the Prosecutor's Office given by the Police and the TNI. Then, Article 5 and Article 6 detail the state protection given specifically by the Police to the prosecutor.
Article 5, which consists of three verses, the full details read as follows: 1. The protection of the state carried out by the National Police is given to the prosecutor and/or family members; 2. Family members as referred to in paragraph (1) are people who have blood relations in the upper or lower lines, and lines sideways up to the third degree, people who have a marriage relationship, or people who are dependents of the prosecutor; 3. In providing state protection as referred to in paragraph (1), the National Police can coordinate with other agencies.
Meanwhile, Article 6 of Presidential Decree No. 66/2025 reads as follows: Protection of the state as referred to in Article 5 is given in the form of protection of personal security, shelter, new residence or safe house, property, identity confidentiality, and/or other forms of protection in accordance with conditions and needs.
In the same presidential regulation, Article 8 and Article 9 regulate the protection of the state provided by the TNI to the Prosecutor's Office and escort the prosecutor.
Article 9, which consists of two paragraphs, the full details are as follows:
1. State protection as referred to in Article 8 is given in the form of: (a) protection of the Prosecutor's Office, (b) support and assistance of TNI personnel in escorting prosecutors while carrying out duties and functions, and/or (c) other forms of protection in accordance with strategic conditions and needs;
2. Other forms of protection in accordance with strategic conditions and needs as referred to in paragraph (1) letter c are matters relating to sovereignty and national defense.
Dalam perpres tersebut, ketentuan lebih lanjut mengenai perlindungan negara yang diberikan oleh Polri terhadap jaksa sebagaimana diatur dalam Pasal 5 dan Pasal 6 mengacu pada ketentuan peraturan perundang-undangan, sementara untuk ketentuan lebih lanjut perlindungan negara yang diberikan oleh TNI sebagaimana diatur dalam Pasal 8 dan Pasal 9 ditetapkan bersama oleh Jaksa Agung dan Panglima TNI.
Then, Article 11 of Presidential Decree No. 66/2025 regulates the issue of sources of funds in the protection of the state, both those provided by the Police and the TNI, to the Prosecutor's Office and prosecutors. The costs that appear are fully charged to the Prosecutor's budget in the APBN. However, for the protection provided by the Police, the budget can also be obtained from other sources of funding that are valid and not binding in accordance with the provisions of the legislation.
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Apart from that, the protection of the state that is entitled to be accepted by the prosecutor will only be given when there is a request from the Prosecutor's Office.
In addition to the matter of protection, Presidential Decree No. 66/2025 also regulates other provisions, especially related to the cooperation between the Prosecutor's Office and the State Intelligence Agency (BIN) and the TNI Strategic Intelligence Agency (BAIS).
Article 12 of Presidential Decree No. 66/2025 fully reads as follows: 1. In order to support the implementation of tasks and functions, the Prosecutor's Office can cooperate with BIN and BAIS; 2. Cooperation is carried out in the form of at least education and training, and/or data and information exchange; 3. Further provisions regarding cooperation are set together by the Attorney General and the Head of BIN/Panglima TNI in accordance with their authority.
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