PRESS RELEASE

TNI Draft Law Discussion Betrays Government's Promise at International Human Rights Forum

[Jakarta, 16 March 2025] - 34 non-profits organisations that are members of the Civil Society Coalition for International Human Rights Advocacy (HRWG) condemned the discussion on the revision of the Indonesian National Army Law (TNI Law). This draft revision not only threatens the professionalism of the military, but also betrays Indonesia's commitment to implementing various UN recommendations and international human rights obligations.  

The revised draft is considered contrary to the recommendations of the Committee on Civil and Political Rights (CCPR), the Universal Periodic Review (UPR), as well as key international human rights instruments such as the Rome Statute of the ICC and the Convention Against Torture (CAT). Indonesia has ratified a number of core human rights instruments, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT), which require the state to ensure military accountability and the protection of civil rights. The revision of the TNI Law, however, contradicts the recommendations of the:  

* UN Human Rights Committee (2023): Urged Indonesia to end TNI immunity, prosecute human rights violations in civilian courts, and stop excessive military operations in Papua.  

* The UPR 2022: Recommended the abolition of military businesses and the limitation of the TNI's role to external threats only.  

* UN Special Rapporteur on Torture: Highlighted the practice of torture by military forces in conflict zones.  

The Coalition rejects the planned revision of the TNI Law for the following reasons:  

* Breaches of CCPR/UPR Recommendations:

The provision of Article 65 of the TNI Law that retains the jurisdiction of military courts for human rights cases contravenes CCPR recommendations (No. 45/2023) and the Universal Jurisdiction Principles of the Rome Statute of the ICC.

The omission of military operations in Papua without human rights protocols violates UPR recommendation 2022 on the protection of indigenous peoples and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).  

* Undermines the Principle of Separation of Military-Civilian Functions

The involvement of the TNI in development programmes and internal security violates the UN Basic Principles on the Role of the Military, which were reaffirmed in the 2017 UPR recommendations.  

* Military Business: A threat to the UN Principles on Business and Human Rights

The failure of the revised TNI Law to remove military businesses contradicts the UN Guiding Principles on Business and Human Rights and the UPR recommendation that Indonesia halt the exploitation of natural resources by military actors.  

* Non-compliance with the Convention Against Torture (CAT)

The absence of a mechanism to prevent torture in military operations in the revised draft ignores Indonesia's obligations as a state party to CAT.  

* Obstructing Ratification of the Rome Statute of the ICC

The draft revision of the TNI Law that protects perpetrators of gross human rights violations contradicts Indonesia's commitment to immediately ratify the Rome Statute of the ICC, as promised in the 2017 UPR.  

* The New Order-style return of TNI's dual function: Articles of the revision of the TNI Law that legalise TNI intervention in civil affairs (e.g. the TNI Manunggal Membangun Desa programme and domestic security operations) bring back the dual function practices that characterised the repressive New Order. In fact, Law No. 34/2004 has limited TNI's role to external defence only. Dual functions have proven to be the root of human rights violations, corruption, and military control over civilian in the past.  

For these reasons, the Coalition believes that the House of Representatives and the Government are betraying Indonesia's obligations to fulfil its commitments under various international human rights mechanisms. The revision of the TNI Law not only undermines the security sector reform agenda, but also makes Indonesia a violator of international human rights commitments. The revision of the TNI Law is a betrayal of the 1998 Reformasi. A return to the dual function of the TNI will only pave the way for militarism and impunity, as was the case under Suharto.

Therefore the Coalition demands:

1. Stop the deliberation on the revision of the TNI Law, which is procedurally flawed and contrary to the recommendations of the CCPR/UPR.    

2. Form an independent committee to review the draft by involving Komnas HAM, victims of human rights violations, and civil society. 

3. Urge Komnas HAM and the Ministry of Human Rights to urge the House of Representatives to implement the recommendations and reject the bill. 

The Coalition believes that if this draft is enforced, Indonesia will face serious consequences in various UN human rights forums, including diplomatic sanctions and a downgrade in its civil liberties ranking.

HRWG is a coalition of 34 Indonesian civil society organisations committed to holding Indonesia accountable for its principles and commitments to international human rights law, including: Aliansi Jurnalis Independen Indonesia, Arus Pelangi, Asosiasi LBH APIK Indonesia, ELSAM, GAYa Nusantara, Gerakan Perjuangan Anti Diskriminasi (GANDI), HuMa, IKOHI, ILRC, IMPARSIAL, INFID, Institute for Ecosoc Rights, JATAM, Koalisi Perempuan Indonesia, LBH Banda Aceh, LBH Jakarta, LBH Pers, Migrant Care, Mitra Perempuan, PBHI, RPUK Aceh, SBMI, SETARA Institute, SKPKC Papua, Solidaritas Perempuan, TURC, WALHI, YAPPIKA, Yayasan Kalyanamitra, Yayasan Lembaga Bantuan Hukum Indonesia, Yayasan Pulih.

Contact person:

Armayanti Sanusi, Ketua Solidaritas Perempuan

Daniel Awigra, Direktur Eksekutif Human Rights Working Group (HRWG)

Fadhil Alfathan, LBH Jakarta

Halili Hasan, Direktur Setara Institute

Hariyanto Suwarno, Ketua Serikat Buruh Migran Indonesia (SBMI)

Julius Ibrani, Perhimpunan Bantuan Hukum Indonesia (PBHI)

Khotimun S, Asosiasi LBH APIK Indonesia

Listyowati, Ketua Pengurus Kalyanamitra

M. Isnur, Ketua Umum YLBHI

Mike Verawati, Sekjend Koalisi Perempuan Indonesia

Riza Abdali, Yayasan Penguatan Partisipasi, Inisiatif, dan Kemitraan Masyarakat Indonesia (YAPPIKA)

Wahyu Susilo, Direktur Migrant Care

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