January 9, 2026 | 04:42 pm
TEMPO.CO, Jakarta – The Defense Ministry has responded to criticism from a civil society coalition regarding a draft presidential regulation (Perpres) that grants authority to the Indonesian National Armed Forces (TNI) in counterterrorism. A copy of the draft, titled 'Presidential Regulation on the Task of TNI in Overcoming Acts of Terrorism,' circulated publicly on Wednesday, January 7, 2026.
Brigadier General Rico Ricardo Sirait, Head of the Defense Information Bureau of the Defense Ministry's Secretariat General, stated that the ministry was involved in preparing the Perpres, including the role of the TNI. However, he noted this involvement occurred through cross-ministerial coordination while adhering to legal provisions.
Rico dismissed claims that the Defense Ministry unilaterally proposed the Perpres. According to him, the regulation is a collective government policy rather than a single ministry's initiative. "In the process, Kemhan provided input according to its function and authority. Meanwhile, the substance and stages of the proposal are part of the government's coordination mechanism," Rico said in a written response to Tempo on Friday, January 9, 2026.
This response also serves as a reply to Tempo's request for confirmation regarding the article titled "Tabrakan Hukum Tentara Cawe-cawe Menangani Terorisme", published on Friday, January 9, 2026.
Rico stated that the preparation of counterterrorism policy involves ministries and institutions with direct authority in coordination, law enforcement, and counterterrorism. "This involvement aims to ensure policy alignment with laws, democratic principles, and the protection of human rights," he said.
Based on a copy of the document seen by Tempo, the seven-page draft consists of eight chapters and 14 articles. The drafting refers to Law Number 5 of 2018 on the Eradication of Criminal Acts of Terrorism and Law Number 3 of 2025 concerning the TNI.
The emergence of this draft has sparked public rejection. The Civil Society Coalition for Security Sector Reform considers the draft a threat to democracy that could encourage human rights violations.
Chairperson of the Indonesian Legal Aid Foundation (YLBHI) Muhammad Isnur stated that the draft Perpres resembles a blank check for the TNI to intervene in civilian space under the pretext of counterterrorism.
Isnur stated that through this Perpres, the TNI, which is not a law enforcement agency, is given direct enforcement authority. However, the military is trained for warfare, not law enforcement.
"Granting direct authority to the TNI to counter terrorism risks damaging the criminal justice system, as regulated in the Law on the Eradication of Criminal Acts of Terrorism and the Criminal Procedure Code, thus increasing the risk of human rights violations," Isnur said on Thursday, January 8, 2026.
Isnur also highlighted articles considered open to multiple interpretations, including Article 9 paragraph (1) letter h, which mentions enforcement covering other acts of terrorism that endanger state ideology, sovereignty, territorial integrity, and national safety. "What are the criteria for that? There are no criteria for the state's sovereignty, territorial integrity, and the safety of the entire nation," he stated.
Meanwhile, State Secretary Minister Prasetyo Hadi stated that the document is not final and remains subject to discussion. He urged the public not to view the regulation as a government effort to expand TNI authority.
According to Prasetyo, the regulation is drafted based on necessity and implemented according to specific conditions faced by the country. "Why does the thinking always lead to assumptions? It should focus on the substance. For example, in that context, it will certainly be applied in specific conditions and points," Prasetyo said at the Presidential Palace in Jakarta on Thursday, January 8, 2026.
Sultan Abdurrahman and Novali Pandji Nugroho contributed to this report.
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