The Asian Forum for Human Rights and Development (FORUM-ASIA) and its Indonesian member organisations are alarmed over the proposals to amend Law 24/2004 on Indonesian Military (‘Military Law’), which seek to expand the military’s role beyond national defence, allowing them to occupy ministerial and other state institution positions.
The initiative to amend the Military Law was approved by the House of Representatives on 28 May 2024. Just like the Police Bill, the initiative to amend the Military Law was approved despite not being a priority under the National Legislation Program.
The House of Representatives is set to formally discuss the proposed amendments following the end of its recess period on 13 August 2024.
Without intervention, the amendments would reinstate the military’s duality–allowing its encroachment on the Indonesian people’s socio-political lives–as previously practised under Suharto’s authoritarian New Order era, which was marked by violence, political repression, human rights violations, and the absence of democracy.
In addition, the amendments’ timing is highly concerning as Indonesia’s next President, Prabowo Subianto, was a top general during the Suharto regime. The former authoritarian leader was also Prabowo’s father-in-law.
Prabowo is set to be sworn in as president in October 2024. He was implicated in multiple gross human rights violations in the past.
Problematic amendments
Previously, the Military Law only allowed for active military personnel to hold office in sectors of national defence and security–such as Presidential Military Secretariat, National Resilience Institute, National Defense Council, and National Search and Rescue.
However, as of 2023, there were already over 2,500 active military personnel occupying civil offices–including the Ministry of Energy and Mineral Resources and state-owned enterprises–according to the military’s Head of Legal Development Agency.
The proposed amendment under Article 47(2) would formally allow the military to hold ministerial and other state institution positions as determined by the President. Without appropriate regulation and safeguards, this set-up becomes problematic. Likewise, it could allow the President to position military personnels at ministerial level positions without limits. Rather than addressing the errors that have allowed military personnel to occupy ministerial offices in the first place, the proposed amendment would only further legitimise this arrangement.
Furthermore, such amendments could influence other institutions to also scrap important criteria–such as specialisation, competence, and work experience–in hiring civil servants. This could lead to the militarization of Indonesia’s overall civil governance.
Mixing business and military
On 11 July 2024, the military’s Head of Legal Development Agency also proposed to remove the prohibition on the military’s involvement in businesses–as stipulated under Article 39(C)–in order to help military personnel secure economic welfare. However, under the current Military Law, the State must guarantee the welfare of military personnel.
In response, the Civil Society Coalition for Security Sector Reform argued that the military was neither established for business nor politics as such conflict of interest could disrupt the military’s professional duties on national defence and potentially pave the way for human rights abuses.
The Coalition also found that despite the existing prohibition, private companies and state institutions have been contracting military personnel to secure multiple business projects across Indonesia–especially those involving natural resources– often resulting in forceful land seizures.
The removal of the prohibition would remove legal protections for civilians, thereby placing them at the mercy of the military, the Coalition stressed.
Members of the Coalition documented that the military is the second most common perpetrator in cases of torture against civilians following the police. From June 2023-May 2024 alone, the military was involved in 14 cases of torture.
Instead of strengthening the democratic reform agenda, the proposed amendments would only bring forth regression.
Call to action
FORUM-ASIA and its Indonesian member organisations are in solidarity with the Civil Society Coalition for Security Sector Reform which has firmly rejected the problematic amendments to the Military Law.
The placement of active military personnel in civil offices could jeopardise democracy as it violates the separation between civil and military domains.
We urge the Indonesian Government to cease expediting amendments to laws that directly impact democracy, fundamental freedoms, and human rights. Such laws require public scrutiny and participation.
Indonesia must strengthen its efforts to end impunity and to ensure accountability for human rights violations–especially those committed by security forces–as recommended by the Human Rights Committee following the country’s second periodic review for its compliance with the International Covenant on Civil and Political Rights.
We also call on the government to increase public participation in the process of legislative development.
The government must ensure that laws are properly established according to their level of surgency to address current systemic flaws. A law’s purpose should always be in line with the needs of the people.
Signatories:
- Asian Forum for Human Rights and Development
- Indonesia Legal Aid Foundation (YLBHI)
- Indonesia Legal Aid and Human Rights Association (PBHI)
- The Commission for the Disappeared and Victims of Violence (KontraS)
- Institute for Policy Research and Advocacy (ELSAM)
- Alliance of Independent Journalists (AJI)
- The Indonesian Human Rights Monitor (IMPARSIAL)
