The Involvement Of The Indonesian National Army (TNI) In Handling Demonstrations: A Constitutional And Human Rights Perspective

Abstract

ABSTRACT

This study examines the involvement of the Indonesian National Armed Forces (Tentara Nasional Indonesia/TNI) in handling demonstrations, which raises both legal and human rights concerns. Normatively, Article 7 paragraph (2) point 10 of Law No. 3 of 2025 on the TNI stipulates that the military may assist the Indonesian National Police (Polri) in maintaining public security and order. However, this provision does not provide detailed regulations regarding the mechanisms, limits, or procedures of such assistance, resulting in legal ambiguity and potential overlap of authority with Polri. In fact, People’s Consultative Assembly Decree No. VII/MPR/2000 clearly separates the role of the TNI in defense from the role of Polri in domestic security. From a human rights perspective, the involvement of the TNI in demonstrations risks leading to repressive actions that restrict citizens’ constitutional rights to assemble and express opinions peacefully, as guaranteed under Article 28E of the 1945 Constitution, Law No. 9 of 1998, and international instruments such as the ICCPR. This research employs normative legal methods with statutory, conceptual, and case approaches. The findings indicate that without derivative regulations such as a Government Regulation or Presidential Regulation, the TNI’s assisting role remains elastic and politically vulnerable. Therefore, more comprehensive legal instruments are urgently needed to clarify the scope, conditions, and mechanisms of TNI assistance to Polri, ensuring consistency with the principles of the rule of law, civilian supremacy, and the protection of human rights.

Keywords: TNI, demonstration, constitutional law, human rights, civilian supremacy.