Jakarta – Indonesian Human Rights Watch (Imparsial) has criticised the appointment of active TNI (Indonesian Military) officer Major General Novi Helmy Prasetya as the president director of the State Logistics Agency (Bulog).
Imparsial Director Ardi Manto Adiputra said that the placement of active TNI officers in civilian positions, such as state-owned enterprises (SOE) like Bulog, represents a threat to democracy and is a violation of applicable laws and regulations.
"In a democratic country it requires a separation of affairs between the military and civilians. This is to ensure respect for civilian supremacy and guarantee good state administration", Adiputra said in a written statement on Monday February 10.
He said that this is explicitly stated under Article 47 Paragraph (1) of the TNI Law which states "Soldiers can only occupy civil positions after resigning or retiring from the active military service".
Adiputra explained that although Paragraph (2) of the same article does indeed provide exceptions for active TNI soldiers to serve in certain civil positions, this is only allowed for positions related to matters of defence.
Based on this article, TNI officers can be placed in civilian positions in 10 state institutions, namely offices that have expertise in coordinating political affairs and state security, state defence, the presidential military secretariat, state intelligence, the state Cyber and Encryption Agency, the National Resilience Institute, the National Defence Council, the National Search and Rescue (SAR) Agency, the National Narcotics Agency and the Supreme Court.
"At this point, the position of SOE director is not a position allowed by Article 47 of the TNI Law", he said.
Adiputra said that the placement of active TNI officers in civilian positions also has the potential to have a negative impact on the career paths of state civil servants (ASN).
Aside from this, he said that the placement of active TNI officers in civilian positions also damages the professionalism of the TNI.
According to Adiputra, in the midst of changes to an increasingly complex strategic environment, the TNI should be encouraged to focus more on preparing for the modern warfare.
"The placement of active TNI soldiers in civilian positions ignores the specialisation, competence, experience and a period of service by ASN in relevant agencies", he said.
In addition to this, Imparsial is concerned that competition will emerge internally within the TNI to be involved in the business sector, instead of increasing their capabilities for defence.
In terms of external affairs, the potential for fraud or corruption in the management of SOE's involving TNI members is also a serious problem.
"This is because law enforcement mechanism for members of the TNI lie in the realm of military justice, which is considered to have a tendency for impunity and a lack of transparency", he said.
Ardi said that the placement of active TNI officers in Bulog and other civilian institutions also injures logic and public common sense.
"How is it possible that a TNI [officer], who is not trained for business, let alone to lead a company, has in fact been appointed as the director of an SOE. This actually shows the true face of the government that is actually military-centric (militaristic) and views all the problems of the state as a problem of defence (securitisation)", he said.
Thousands of active TNI in civilian positions
Adiputra explained that based on Impartial's records there were 2,569 active TNI soldiers in civil positions in 2023. A total of 29 active officers held civilian positions outside the institutions determined by the TNI Law.
Coupled with the appointment of the Major General Prasetya, he said, there is more potential for civil positions to be occupied by active TNI soldiers.
"We see that government policy in placing the TNI in civilian positions has exceeded the limits and it is a concrete desire to return Indonesia's political model to the New Order's military authoritarian period [of former president Suharto]", he said.
Meanwhile, Centra Initiative Coordinator Al Araf emphasised that the position of Bulog managing director is not a position that can be held by active TNI officer according to the TNI Law.
"Only a few [positions] can be held by active TNI [officers] such as in the Ministry of Defence, the Coordinating Ministry for Politics and Security Affairs and others. The head of Bulog cannot be filled by an active TNI soldier", he said.
According to Araf, the appointment of Prasetya violates the TNI Law and is against the law. Appointments like this are a mirror of a state ruled by power, not the rule of law.
"Where in the desire [by those in power], legal power is violated, quietly ignored. This is dangerous for democracy in Indonesia. This appointment further reinforces the return of the TNI's dwi-fungsi [dual socio-political function], such as once existed under the New Order, where active TNI [officers] occupied civilian positions. This is dangerous for the life of democracy in Indonesia", he said.
The TNI has spoken out about the Prasetya's appointment. The TNI Headquarters stated that the appointment was a part of strategic cooperation between the TNI and the Ministry of SOEs.
"The appointment of Major General Novi Helmy as the president director of Bulog is part of a strategic cooperation between the TNI and SOEs based on a Memorandum of Understanding (MoU) between the two institutions, which has been carried out previously", said TNI Information Centre Head (Kapuspen) Mayor General Hariyanto.
Hariyanto said that Prasetya's assignment was done at the request of the Ministry of SOEs. Prasetya is considered to have extensive experience and networks down to the Babinsa (Village Supervisory Non-Commissioned Officer) level so that it is believed he will be able to support the strengthening of the national food security program.
"The TNI commander has already approved the request after considering the strategic aspects and contributions that can be provided by Major General Novi Helmy in Bulog", he said. (yoa/fra)
[Translated by James Balowski. The original title of the article was "Imparsial Kritik Mayjen Novi Helmy Jadi Dirut Bulog: Langgar UU TNI".]
