MEDAN | INDATANEWS.COM - On the occasion of the 81st anniversary of the Indonesian National Armed Forces (Tentara Nasional Indonesia, TNI), the Commission for Missing Persons and Victims of Violence (Komisi Untuk Orang Hilang dan Korban Tindak Kekerasan, KontraS) in North Sumatra has issued a statement assessing the exercise of the TNI's functions and authority throughout 2026.
As part of civil society committed to promoting human rights and security sector reform, KontraS North Sumatra considers an open assessment of the TNI's role necessary. The organization has criticized military involvement in civilian affairs, alleged cases of violence and torture, as well as questions concerning the legal accountability of soldiers in their dealings with civilians.
Publik Adhe Junaedy, a campaign and public opinion staff member of the KontraS North Sumatra working group, said his organization had documented a number of issues related to TNI involvement in the civilian sphere, including alleged human rights violations in North Sumatra.
According to Adhe, these records also form the basis of KontraS North Sumatra's call for stronger oversight and accountability mechanisms for the military institution.
Militarization Threatens Civilian Space
KontraS North Sumatra considers TNI involvement in civilian affairs a potential blurring of the boundaries between national defense and the functions of maintaining security and public order. The organization points to policy developments following amendments to the TNI Law, which it believes have provided the military with greater opportunities to become involved in various areas beyond national defense.
KontraS has also criticized the involvement of soldiers in securing public events, including demonstrations. Particular attention has been drawn to an alleged incident involving the obstruction and interception of students who demonstrated on September 24, 2026, in connection with Farmers' Day and passed in front of Kodim 0201/Medan on Jalan Pengadilan Number 8 in Petisah Tengah.
"This picture clearly shows that the TNI can suppress public criticism at will. In addition, the TNI is frequently involved in regulating security and public order," Adhe said in an official statement on Monday, October 5, 2026.
According to Adhe, between April and July 2026, there were 12 activities related to security and public order involving personnel from the Naval Military Police (POMAL) of Naval Base I in the Belawan port area of North Sumatra.
Based on KontraS North Sumatra's records, a total of 21 people were allegedly subjected to arbitrary arrests in those 12 incidents. One of the victims also reportedly suffered serious injuries.
"This situation repeatedly demonstrates arbitrary actions and human rights violations characterized by a culture of violence within the TNI. KontraS believes that TNI soldiers are fundamentally trained for warfare, not to handle public protests, suppress criticism from the public, or take responsibility for maintaining order and enforcing the law against the population," he said.
KontraS North Sumatra recalled that Article 30 of the 1945 Constitution establishes the TNI as a state instrument for defending, protecting and safeguarding the unity and sovereignty of the state. Meanwhile, security and public order, the protection and service of the population, as well as law enforcement, fall under the responsibility of the National Police of the Republic of Indonesia.
According to KontraS, this functional separation is an important component of the reform process initiated following the country's long history of military involvement in civilian life.
KONTRAS DOCUMENTS TNI'S ROLE: Publik Adhe Junaedy, a campaign and public opinion staff member of the KontraS North Sumatra working group, presents his organization's records concerning the alleged involvement of the TNI in matters of public security and order. (PHOTO: Illustration)
KontraS Documents Alleged Violence and Torture
KontraS North Sumatra has also criticized alleged cases of violence and torture involving TNI personnel. According to the organization's records, 23 cases of violence and torture allegedly committed by TNI personnel occurred in North Sumatra between January and October 2026.
The documented incidents reportedly resulted in at least 27 victims. Twenty-five people suffered injuries, while two people died.
Adhe said KontraS's findings showed that TNI involvement in securing the business interests of companies and plantations was among the most frequent contexts associated with the alleged acts of violence.
KontraS identified PT Agrinas Palma Nusantara as one of the locations that appeared most frequently in its records. The organization documented 15 incidents involving at least 21 victims. Of those victims, 19 suffered injuries, while one person died.
In addition to the protection of business activities and plantations, KontraS North Sumatra has also criticized the involvement of TNI soldiers in agrarian conflicts. One of the cases cited occurred in Pondok Pool Hamlet, Limau Manis Village, Tanjung Morawa District, Deli Serdang Regency.
"These figures indicate an important shift in the trend of the actors involved. From a human rights perspective, the right to protection from torture is a fundamental right that must never be suspended. Indonesia has specifically ratified the Convention against Torture through Law Number 5 of 1998. The convention obliges the state to prevent torture as well as cruel, inhuman or degrading treatment or punishment. In reality, however, this appears to be nothing more than empty rhetoric," Adhe said.
KontraS North Sumatra considers the deployment of soldiers to protect economic interests potentially problematic because it could create an imbalanced relationship between the state, companies and the public. According to the organization, citizens who should receive protection could instead find themselves facing security forces equipped with significantly greater coercive power.
Therefore, KontraS North Sumatra has called on the government to seriously review the deployment of TNI personnel to secure economic activities and plantations. KontraS also warned that justifications such as security, investment, food security, state assets or national interests could be used to normalize violence against the public.
Military Justice Remains Controversial
Another issue highlighted by KontraS North Sumatra is the legal accountability mechanism when alleged violations are committed by active TNI personnel. According to KontraS, victims may face additional obstacles in accessing justice when alleged perpetrators are tried before military courts.
In the case of Luis David Hutabarat, the Tim Advokasi Rakyat Melawan Impunitas criticized the transfer of the legal proceedings to Subdenpom I/1-2 Rantauprapat. The team called for the case to be returned to a process that ensures the interests of the victim.
The Tim Advokasi Rakyat Melawan Impunitas also filed a pretrial motion with the Rantauprapat District Court to challenge the handling of proceedings against Serma Buana Delly.
"The issue of jurisdiction has become even more important following the enactment of Law Number 20 of 2025 on the Criminal Code (KUHP) on January 2, 2026. In proceedings involving individuals from the general and military justice systems, the new procedural framework provides for a joinder mechanism, with certain exceptions when the primary harm concerns military interests. In Luis's case, however, the victim and the principal harm are on the civilian side," Adhe said.
KontraS North Sumatra also referred to provisions of the TNI Law stating that soldiers are subject to military jurisdiction for military offenses and to the general justice system for ordinary criminal offenses.
For KontraS, the justice system must not become an obstacle for victims seeking access to justice. The organization emphasized the importance of transparent, independent and effective judicial proceedings.
KontraS North Sumatra concluded by emphasizing that the professionalism of the TNI should not be measured by the extent of the military's expansion into civilian life. Rather, professionalism should be reflected in the TNI's ability to carry out its defense mandate professionally, comply with the law, respect human rights and ensure that every soldier is held accountable for violations.
KontraS has called on the TNI to return its focus to its primary mandate as an instrument of national defense and not be used as an instrument for resolving civilian problems. According to the organization, strengthening the TNI must take place within the framework of security sector reform and must not be achieved through an expansion of military power into social life.
As part of the 81st anniversary of the TNI, KontraS North Sumatra has called on the government to stop the expansion of a militaristic approach into the civilian sphere. According to KontraS, every deployment of the TNI outside its defense function must be based on a clear legal foundation and supported by an unambiguous mandate, clearly defined jurisdictional boundaries, oversight mechanisms and strict human rights standards.
KontraS has also called on the government to comprehensively review TNI involvement in securing economic activities and the management of natural resources. This includes the deployment of TNI personnel to protect PT Agrinas Palma Nusantara and other plantations in North Sumatra.
Furthermore, KontraS has urged the government to ensure that TNI soldiers accused of committing crimes against civilians are subjected to legal proceedings that safeguard victims' rights. KontraS also supports the use of the joinder mechanism when the circumstances of a case require it and calls for military jurisdiction not to become a space that obstructs legal accountability.
KontraS has additionally called on the government and parliament to review the impact of the implementation of Law Number 3 of 2025 on the TNI on the principles of civilian control, democracy and human rights, particularly with regard to the potential expansion of military authority into the civilian sphere.
The TNI Commander and the entire command structure have also been urged to ensure that every allegation of violence, torture, mistreatment or other criminal conduct by soldiers is investigated and prosecuted transparently, independently and accountably. KontraS called for soldiers proven to have violated the law and human rights to receive sanctions proportionate to the severity of their misconduct, without receiving special treatment because of their status, rank or institutional affiliation.
At the same time, KontraS has called on the National Human Rights Commission, Commission I of the Indonesian Parliament and relevant oversight bodies to independently monitor alleged cases of violence and torture involving TNI personnel in North Sumatra.
The state has also been urged to provide effective remedies to victims and families of victims of state violence. According to KontraS, such remedies may include reparations, rehabilitation, compensation, restoration of reputation, clarification of the truth and guarantees of non-recurrence.
KontraS North Sumatra emphasized that the strength of the military institution must go hand in hand with respect for the law and human rights. According to the organization, TNI professionalism must be grounded in civilian control and democratic principles so that its defense mandate can be fulfilled without sacrificing the rights of civilians. (IDNC)
REPORTER: Darmailawati | EDITOR: Fik Sagala