Revision Of TNI Law: Role Of Active Soldiers In KKP And Help Handling Narcotics Removed

Member of Commission I DPR RI TB Hasanuddin. (Photo: Oji/nvl via dpr.go.id)

JAKARTA - The Working Committee (Panja) of Commission I of the DPR removed the government's proposal regarding the TNI which has the authority to help deal with narcotics abuse issues related to the Revision of Law Number 34 of 2004 concerning the Indonesian National Army (RUU TNI).

The Panja also only approved 15 ministries/agencies that could be filled with active TNI soldiers, from the initial proposed 16 posts by removing the Ministry of Marine Affairs and Fisheries (KKP).

TB Hasanuddin explained that Panja only approved two additional proposals for the role of the TNI from the government, namely the TNI can help and overcome cyber threats, and the TNI can help and save Indonesian citizens and national interests abroad.

"Initially in the latest bill, the government proposed three new tasks. However, currently there are only two proposals," said TB Hasanuddin, Tuesday, March 18.

"For the TNI to have the authority to help deal with narcotics abuse problems, it has been removed," continued the TNI Major General (Ret.).

The TNI's proposal is related to non-military operations in Article 7 paragraph 2. The article has now been abolished. The decision to abolish the clause regarding the TNI's duty to help deal with narcotics abuse issues was taken in a follow-up meeting of the TNI Bill Committee between the DPR and the Government on Monday, March 17, evening.

In addition to the matter of non-military operations, Panja also only approved 15 ministries/agencies that could be filled by active TNI soldiers. The government previously proposed 16 posts for the TNI to fill positions in ministries/agencies.

"What was previously proposed was 16 K/L, currently only 15 K/L, where the Ministry of Maritime Affairs and Fisheries (KKP) was removed," explained TB Hasanuddin.

The regulation is related to changes to Article 47 which in the current TNI Law, the TNI can hold positions in 10 ministries or institutions. In the latest bill, active TNI soldiers can only serve in 15 ministries/agencies.

The man who is familiarly called Kang TB said that the addition of five posts for active TNI soldiers was included in the TNI Bill considering that the law related to the ministry/institution in question had already been included in the rules regarding this matter so that it would be more rigid, so it was also included in the TNI Bill.

The details are as follows:

1. The role of the TNI in disaster management:

- Law 24/2007 on Disaster Management. Valid since 2007.

- Followed by the issuance of Presidential Decree 1/2019 concerning BNPB where the TNI is involved as a directing element in disaster management.

2. The role of the TNI in Maritime Security

- Presidential Decree 178/2014 concerning Bakamla regulates the role of the TNI in conducting security patrols and territorial safety. Valid since 2014

- Law 32/2014 on Maritime Affairs regulates Bakamla's duty to carry out security and safety patrols in water areas. Valid since 2014

3. The role of the TNI in border management

- Presidential Decree 44/2017 concerning Amendments to Presidential Regulation 12/2010 concerning the National Border Management Agency which regulates the TNI Commander as a Member of BNPP in Article 6. Valid since 2017

4. The role of the TNI in BNPT:

- Article 43 I paragraph (1) of Law no. 5 of 2018, it is stated that the TNI's duty in overcoming terrorism is part of a military operation other than war (OMSP). Valid since 2018. Valid since 2018

5. The role of the TNI in the Attorney General's Office

- Law 11/2021 concerning Amendments to Law 16/2004 concerning the Prosecutor's Office of the Republic of Indonesia. Regulate the position of Deputy Attorney General for Military Crimes. Valid since 2021

Meanwhile, in the TNI Bill based on the text of the Problem Inventory List (DIM), the retirement age limit is re-detailed based on the rank.

The details are as follows:

The retirement age limit for soldiers as referred to in paragraph (1) is regulated with the following conditions:

Badminton and Tamtama are at most 55 (fifty-five) years old;

The officer's advice is up to the rank of Colonel at most 58 (fifty-eight) years;

The highest-ranking 1 (one) star officer is at most 60 (sixty) years;

The highest number of 2 (two) star officers is at most 61 (sixty-one) years; and

The highest number of 3 (three) high-ranking officers is 62 (sixty-two).

Apart from that, there are several other exceptions related to service age. First, specifically for Soldiers who occupy functional positions, they can carry out a soldier service period stipulated under statutory regulations.

Then, for high-ranking 4-star officers (four) or generals, the highest retirement age limit is the age of 63 years and can be extended a maximum of two times (in a year) according to needs and determined by the President's decision.