The Indonesian Military’s (TNI) recent decision to expand its deployment of personnel to provide security for prosecutors nationwide has ignited a heated debate, raising concerns about potential military overreach into the judicial system. The deployment follows a telegram issued May 5 by TNI chief Gen. Agus Subiyanto, directing the assignment of 30 military personnel to each provincial prosecutor’s office and 10 to each district office.

official Justification and Concerns

According to Attorney general’s Office (AGO) spokesperson Harli Siregar,this security measure demonstrates the TNI’s support for prosecutors and is rooted in a Memorandum of Understanding (MoU) signed April 6,2023,designed to strengthen cooperation between the two institutions. However, this clarification has done little to quell the anxieties of human rights advocates.

This kind of deployment further strengthens the military’s intervention in the civilian sphere, especially in the ​​law enforcement area.
Coalition of 20 rights groups, including the Indonesian Legal Aid Foundation (YLBHI) and the Commission for Missing Persons and Victims of Violence (Kontras)

A coalition of 20 rights groups, including the Indonesian Legal Aid Foundation (YLBHI) and the Commission for Missing Persons and Victims of Violence (Kontras), issued a statement expressing their concerns. The coalition urged the military to rescind the deployment order, warning that it could compromise the independence of Indonesia’s legal system.

Constitutional and Legal Challenges

Usman Hamid, executive director of Amnesty international Indonesia, argues that the deployment order violates the Constitution and several laws, including those governing the AGO and the TNI. He points to the recent amendment to the TNI Law, which, despite public opposition, is seen by many as paving the way for the military’s expansion into civilian roles.

Army spokesperson Wahyu countered these claims, stating that the TNI law permits the assignment of active military personnel to state institutions, including the AGO. However, Khairul Fahmi, cofounder of the Institute for Security and Strategic Studies (ISESS), clarified that this provision applies specifically to personnel working at the office of the assistant attorney general for intelligence (Jampidmil).

the law simply cannot be used as a basis for troop deployment.
khairul fahmi, cofounder of the Institute for Security and Strategic Studies (ISESS)

Usman of Amnesty added that the deployment order further strengthens public suspicion that the TNI will return to its dwifungsi [dual function] following the amendment to the TNI law, alluding to the military’s extensive involvement in civilian affairs during the New Order regime under President Soeharto, a period marked by numerous human rights violations.

Lack of Urgency and Potential precedent

The military previously deployed personnel to guard the AGO headquarters in Jakarta in May of last year, following allegations that members of the National Police’s anti-terror unit Densus 88 were spying on the agency’s top prosecutors. Though, Army spokesperson Brig. Gen. Wahyu Yudhayana stated that the current deployment was not prompted by any special needs.

This is only part of a routine and preventive security cooperation, as has been done previously.
army spokesperson Brig. Gen. Wahyu Yudhayana

Wahyu added that the military would maintain professionalism in carrying out its duties. Harli of the AGO declined to specify whether the AGO had requested the military deployment, but acknowledged that his office had no certain urgency to do so.

Rizal Darma Putra, executive director of the Indonesia Institute for Defense and Strategic Studies (Lesperssi), cautioned that deploying troops to the AGO without special circumstances could set a hazardous precedent.

If the AGO is not facing a combatant threat, maintaining its security is certainly not the military’s task. If the TNI cannot explain the urgency of ordering the dispatch, this could pave the way for more troop deployment in civilian affairs in the future.
Rizal Darma Putra,executive director of the Indonesia Institute for Defense and Strategic studies (Lesperssi)

Harli of the AGO dismissed concerns about intervention,characterizing the security protection offered by the TNI as a collaborative effort between the two institutions.