On Tuesday (March 18, 2025), at the Auditorium of Building B of the Faculty of Law, Universitas Gadjah Mada (UGM), the Center for the Study of Democracy, Constitution, and Human Rights (PANDEKHA FH UGM) held a public discussion entitled \"Expanding Authority vs. Strengthening Oversight of Critical Studies of the TNI Bill, the Polri Bill, and the Prosecutor's Office Bill.\" This discussion was a collaboration between the Institute for Policy Research and Advocacy (ELSAM), Advocacy and De Jure Policy, and the Justicia Student Council of the Faculty of Law, as well as representatives from two departments within the Faculty of Law: the Department of Constitutional Law and the Department of Criminal Law.<\/p>\n\n\n\n
The discussion opened with an explanation from Wahyudi Djafar, Executive Director of ELSAM, and a representative of the Civil Society Coalition, who described how efforts to strengthen security actors emerged after the reformation. According to him, when discussing transitional justice, one crucial aspect that cannot be overlooked is reversing the rule of law, shifting it from a security actor who was a source of insecurity to a guarantor of citizens' rights. However, what is currently happening is an increase in the military's involvement in civilian spaces. Wahyudi believes that the revision of the TNI Law is an attempt to legitimize previously unlawful or illegal actions because they contradict the TNI Law's mandate. He echoed this sentiment regarding the revision of the National Police Law and the Prosecutor's Office Law, which prioritize a repressive approach. Wahyudi also expressed disappointment with current Indonesian law, which exists only to provide legalization and legitimacy for the authority of security actors.<\/p>\n\n\n\n
Then, Antonius Made Tony Supriatma, a military observer, stated that the TNI (Indonesian National Armed Forces) has never been absent from its involvement, as has the Head of Bulog, a retired TNI officer. Antonius criticized the TNI's involvement in civilian programs, such as the Free Nutritional Meals (MBG) program, where the contractors are foundations that, based on his investigation, are affiliated with military cronies. Furthermore, Antonius highlighted the TNI's MoUs with various ministries. TNI intervention occurs not only at the macro level but also at the micro level through the Food Brigade as an effort to increase rice, corn, and soybean production (Upsus Pajale). Furthermore, there is also a target to establish 100 Territorial Development Battalions by 2025, which will have agricultural, livestock, and fisheries companies. These ambitious programs are a means for the military to \"force\" its involvement in civilian areas. Meanwhile, the TNI has so many needs within the military itself. Therefore, Antonius questioned the TNI and legislators about whose interests the revision of the current TNI law is actually for.<\/p>\n\n\n\n
Furthermore, Sri Wiyanti Eddyono from the Department of Criminal Law highlighted the existence of the Criminal Procedure Code (KUHAP) Bill, which connects the three bills: the Indonesian National Armed Forces (TNI), the Indonesian National Police (Polri), and the Prosecutor's Office (AGO) because it links the authorities regulated in each bill, making them clear and transparent. Sri then outlined the current expansion of the National Police's authority, such as its involvement in mediation or restorative justice, centralization of investigative authority, strengthening intelligence capabilities in the context of cybersecurity, sweeping authority to carry out \"other\" functions, and resolving internal code of ethics violations. Regarding the AGO Bill, she also stated that prosecutors' authority has now expanded significantly, extending into areas beyond law enforcement. Furthermore, the new AGO Law introduces a settlement fine for economic crimes, which gives prosecutors the authority to terminate economic crimes by paying a fine. Sri also expressed her disappointment with the Criminal Procedure Code Bill, the TNI Bill, the Indonesian National Police Bill, and the AGO Bill, which fail to provide for victim advocacy.<\/p>\n\n\n\n
Following this, the next speaker, Awan Puryadi, Director of Advocacy and De Jure Policy, emphasized the expansion of the prosecutor's authority contained in the Prosecutor's Bill. Puryadi began the discussion by emphasizing that due process of law is essential in law enforcement, which essentially emphasizes that a person's rights cannot be arbitrarily deprived, arrested, or otherwise taken away. In addition to discussing the Prosecutor's Bill, Puryadi also explained several problems inherent in the latest amendments to the Prosecutor's Law. These problems include: the judicial status of the Prosecutor's Office terminology, the ambiguity surrounding the authority of the Public Prosecutor, and their immunity rights. Finally, Puryadi concluded by expressing his concern that the TNI Bill is a key issue in this situation, but that the existing Prosecutor's Law must be respected, given its extraordinary authority.<\/p>\n\n\n\n
The final speaker, Yance Arizona, a lecturer at the Faculty of Law, Universitas Gadjah Mada (UGM) and Chair of the Faculty of Law's Development and Empowerment (PANDEKHA), highlighted the decline of democracy in Indonesia, leading to a process of authoritarianism and the return of the military's role in politics. He cited Jokowi's awarding of an honorary title to Prabowo as an early sign of the activation of \"military mode,\" despite Prabowo's previous dismissal for involvement in human rights violations. Yance also criticized the TNI (Indonesian National Armed Forces) bill, which extends the terms of office of officers and allows them to enter civilian institutions, especially since the practice exceeds the limits stipulated in the TNI Law. He emphasized that this process resembles the New Order era, where the TNI had an unclear dual role. Yance warned that Indonesia is heading towards authoritarianism through democratic backsliding, with bills strengthening state power. Quoting Kim Lane Scheppele, he stated that authoritarianism is now carried out not only through violence but also through legal instruments, and in Indonesia, both methods appear to be coexisting.<\/p>\n\n\n\n
The presentation concluded with a response from Radea Basukarna Prawira Yudha, Chair of the Justicia Student Council of the Faculty of Law, Universitas Gadjah Mada (UGM), who emphasized three important points that require attention in the TNI Bill. First, the unclear position of the TNI in the state administration due to the ambiguity in Article 30 Paragraph 2 of the 1945 Constitution, which underpins the TNI's authority. Furthermore, regarding civilian supremacy, Radea believes that the innovation this nation needs arises from the process of debate in a democracy, not from command. Finally, Radea believes that the necessary revision is not the TNI Law but rather the Military Justice Law to prevent impunity for TNI personnel.<\/p>\n\n\n\n
The discussion highlighted the expansion of the authority of security and law enforcement actors in the ongoing law revisions. This development relates to SDG 16, which emphasizes peace and justice. However, security sector reform, which should be oriented toward professionalism and accountability, instead faces challenges in the form of the militarization of the civilian sphere and the strengthening of repressive approaches.<\/p>\n\n\n\n
Author : Rayhan Alam Riyanto dan Narandra Adhika Rizaldi (Pandekha)<\/p>","protected":false},"excerpt":{"rendered":"
Selasa (18\/3\/2025) bertempat di Auditorium Gedung B Fakultas Hukum UGM, Pusat Kajian Demokrasi, Konstitusi, dan Hak Asasi Manusia Fakultas Hukum UGM (PANDEKHA FH UGM) menyelenggarakan diskusi publik yang bertajuk “Memperluas Kewenangan vs Memperkuat Pengawasan Studi Kritik RUU TNI, RUU Polri, dan RUU Kejaksaan“. Diskusi ini berkolaborasi dengan Lembaga Studi dan Advokasi Masyarakat (ELSAM), Advokasi dan […]<\/p>\n","protected":false},"author":95,"featured_media":33677,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[28,218],"tags":[308,332,240,241,291,312,228,227,220],"class_list":["post-33676","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-berita","category-berita-sdgs","tag-departemen-hukum-pidana","tag-departemen-hukum-tata-negara","tag-fakultas-hukum-ugm","tag-law-ugm","tag-pandekha-fh-ugm","tag-pusat-kajian-demokrasi-konstitusi-dan-hak-asasi-manusia","tag-sdg-16-perdamaian-keadilan-dan-kelembagaan-yang-tangguh","tag-sdg-4-pendidikan-berkualitas","tag-sdgs"],"_links":{"self":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts\/33676","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/users\/95"}],"replies":[{"embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/comments?post=33676"}],"version-history":[{"count":1,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts\/33676\/revisions"}],"predecessor-version":[{"id":33678,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts\/33676\/revisions\/33678"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/media\/33677"}],"wp:attachment":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/media?parent=33676"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/categories?post=33676"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/tags?post=33676"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}