The Kabasarnas Polemic As A KPK Suspect, President Jokowi Will Evaluate The Placement Of TNI Officers In Civil Positions

President Jokowi answered reporters' questions after inaugurating the Ciliwung Sodetan in Jakarta on Monday (31/7/2023). ANTARA/Desca Lidya Natalia.

JAKARTA - President Joko Widodo will thoroughly evaluate the placement of active TNI officers in a number of civil positions in ministries and institutions after the appointment of the Head of the National Search and Rescue Agency (Basarnas) as suspects in the alleged bribery case at the KPK. "Everything will be evaluated, not only that problem, everyone, because we no longer want to be in very important places where fraud occurs, corruption occurs," said President Jokowi in Jakarta, as reported by Antara, Monday, July 31. It is known that the KPK on Wednesday, July 26, named the Head of Basarnas Marsdya TNI Henri Alfiandi (HA) as a suspect suspected of accepting bribes of Rp. 88.3 billion from several goods procurement projects at Basarnas in the 2021-2023 period. There is one other suspect who is also an active TNI officer, namely Koorsmin Kabasarnas Lt. Col. Admi Afri Budi Cahyanto. Meanwhile, from the civilian side the suspect is the President Commissioner of PT. Multi Graphics Cipta Sejati (MGCS) Mulsunadi Gunawan (MG), President Director of PT IGK (Intertekno Grafika Sejati (IGK) Marilya (MR), and President Director of PT Kundah Abadi Utama (KAU) Roni Aidil. The case was revealed after investigators from the anti-corruption agency conducted a hand arrest operation (OTT) on Tuesday in Cilangkap and Jatisampurna, Bekasi. However, on Friday, July 28, Deputy Chairman of the KPK Johanis Tanak admitted that his subordinates made mistakes and made mistakes in determining the suspect against members of the TNI. The statement was made after the entourage of the Head of the Indonesian Armed Forces Information Center (Kapuspen) Rear Admiral Julius Widjojono accompanied by the Commander of the Central Military Police (Danpuspom) TNI First Marshal Agung Handoko and his staff visited the KPK building. Law Number 34 of 2004 concerning the TNI actually stipulates that civil office can only be occupied by retired or resigned soldiers. This is contained in Article 47 paragraph (1). However, in paragraph (2), the TNI Law stipulates that there are a number of civil positions that are allowed to be filled by active soldiers, namely the Coordinating Ministry for Politics, Law and Security (Kemenkopolhukam), the Ministry of Defense (kemenhan), the Presidential Military Secretary, the State Intelligence Agency (BIN), the National Cyber and Crypto Agency (BSSN), the National Resilience Institute (Lemhanas), the National Defense Council (Wantanas), Basarnas, the National Narcotics Agency (BNN) and the Supreme Court. In addition, Article 47 paragraph (3) of the TNI Law emphasizes that soldiers who sit in several institutions, including Basarnas, must comply with the administrative provisions that apply in that environment. Problems arose because Article 42 of Law No. 30 of 2002 concerning the KPK emphasized that the KPK "It has the authority to coordinate and control investigations, investigations and prosecutions of corruption crimes carried out jointly by people subject to military courts and general justices". Meanwhile, Article 65 paragraph (2) of the TNI Law also emphasizes that soldiers are only subject to the rule of military justice "in terms of violations of military criminal law". Moreover, in the internal discussion of the amendment to Law Number 34 of 2004 concerning the TNI, the TNI Headquarters submitted a proposal so that active soldiers can occupy more positions in ministries/agencies. In the proposed revision of the TNI Law, active TNI soldiers can sit in 18 ministries of institutions, plus other ministries in need on the grounds that the presence of active soldiers will make a contribution that makes the performance of ministries and institutions better.

There are an additional 8 ministries and state institutions proposed to allow soldiers to actively serve in ministries/agencies that require the staff and expertise of TNI soldiers according to the President's policy, namely the Coordinating Ministry for Maritime Affairs and Investment (Kemenko Marves), the Ministry of Maritime Affairs and Fisheries (KKP), the Presidential Staff, the National Counterterrorism Agency (BNPT), the National Disaster Management Agency (BNPB), the Ministry of Home Affairs National Border Management Agency (BNPP), the Maritime Security Agency (Bakamla), the Attorney General's Office (AGO).