Jakarta – United Nations (UN) special rapporteurs have issued a warning to the government of the Republic of Indonesia regarding the Draft Presidential Regulation (Ranperpres) on the role of the Indonesian Military (TNI) in combating terrorism.
An official letter of communication was delivered on February 20 highlighting concerns over the expansion of the military's role which is seen as excessive and poses a risk to human rights (HAM).
The UN special rapporteurs who signed the letter include a number of international human rights experts, including special rapporteurs on the promotion and protection of human rights, issues of arbitrary arrest, extrajudicial executions, the right to freedom of peaceful assembly and association and minority rights.
This group of experts believes that the draft presidential decree currently being drafted is too broad and does not have a clear legal basis or accountability mechanisms.
The vague expansion of military's role
In the letter, the special rapporteurs emphasised that the articles in the presidential decree expand the military's authority in countering terrorism beyond the established legal framework. This has the potential to endanger the fundamental rights of citizens, including the rights to life, liberty, privacy, freedom of movement, expression, organisation as well as the right to peaceful assembly. The criticisms also cite risks to economic and social rights as well as the rights of human rights defenders.
The rapporteurs emphasised that these rights are protected under the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), which Indonesia ratified on February 23, 2006. They warned that the absence of clear limitations in the presidential decree could actually weaken the rule of law and effective efforts in dealing with conditions that support the emergence of terrorism.
Draft not in accordance with existing regulations
Responding to the UN's letter during a public discussion titled "Problematics of the Ranperpres on the Involvement of the TNI in Combatting Terrorism" on February 26, Indonesian Legal Aid Foundation (YLBHI) General Chairperson Muhamad Isnur stated that the draft presidential decree was not in accordance with the mandate of Law Number 5/2018 on the Eradication of Criminal Acts of Terrorism. According to Isnur, the TNI's involvement in eradicating terrorism should be based on clear laws and regulations, including presidential and implementing regulations.
Isnur also added that the draft regulation conflicts with other laws in force in Indonesia, and is not in line with international legal principles. He emphasised the importance of differentiating the roles of military and civilian law enforcement in the context of handling terrorism to prevent potential legal chaos in the future.
Historical concerns over militarisation
In its statement, the YLBHI recalled the long history of the military's role in Indonesia which often resulted in legal problems and human rights violations. According to the YLBHI, the draft presidential decree could recreate the military's role that goes beyond national defence duties and enters domestic affairs, including dealing with civil activists or community groups who have different opinions with the government. The YLBHI believes that this has the potential to blur the line between real threats and legitimate civilian activities.
As an example, the YLBHI cited the of handling the August 2025 protests where a number of activists and students were categorised as terrorists in statements by state officials. This incident was used as an illustration of how a broad and inaccurate definition of terrorism can be used narrowly against civil society groups.
Implications for international reputation and reform
The UN considers that the expansion of the TNI's role in the presidential decree could have a negative impact on Indonesia's reputation in the international arena, especially in protecting human rights. Indonesia as a state party to the ICCPR and ICESCR has an obligation to ensure that all domestic policies are in line with international human rights standards.
Meanwhile the criticism by the YLBHI has echoed in public discussions and the media, where a number of academics and civil groups warned that the implications of giving broader authority to the military had the potential to shift the model for countering terrorism from a criminal law approach to a militaristic model. This is considered to be contrary to the principles of reform which places law enforcement by civil institutions as the main pillar in a democratic country.
Call for government response
The YLBHI emphasised that the UN's warning letter must be taken seriously by the government. The legal advocacy organisation emphasised that an official response from the Indonesian government needs to demonstrate a commitment to the supremacy of law, protection of human rights, as well as the conformity of national regulations with adopted international obligations.
The organisation also called for open dialogue between the government, parliament and civil society groups to ensure that the draft presidential decree is truly in line with national and international legal principles, without compromising the basic rights of citizens.
The UN's warning letter and the YLBHI's reaction show the ongoing tension between efforts to expand the military's role in eradicating terrorism and protecting human rights in Indonesia. With concerns about civil rights, the rule of law, and international commitment, this dynamic could be an important test for the direction of Indonesia's security policy and democratic governance.
[Translated by James Balowski. The original title of the article was "PBB Menegur Indonesia atas Rancangan Perpres TNI dalam Pemberantasan Terorisme, YLBHI: Perlu Tanggapan Pemerintah – News Schoolmedia".]
