The visit by the Commander of the TNI Cyber Unit (Dansat Siber) and several senior TNI officers to the Metro Jaya Regional Police Headquarters on Monday (8 September) to consult regarding the alleged criminal offense committed by Malaka Project CEO Ferry Irwandi raises serious concern and apprehension from the perspective of democratic consolidation and security sector reform, particularly military reform.
This incident cannot be separated from the preceding context: the cyber patrols conducted by the TNI Cyber Unit. These patrols reportedly identified several alleged criminal offenses, which subsequently became the basis for consultation with the police. This situation demonstrates that the TNI has not merely exceeded its mandate as the state institution responsible for national defense, but has actively assumed the functions of detecting and responding to alleged criminal offenses, which fall within the domain of law enforcement agencies.
Although Law No. 3 of 2025 on the TNI, Article 7 paragraph (2) letter b, mandates one of the TNI’s duties in Military Operations Other Than War (OMSP) in the cyber domain—namely, to assist in addressing cyber defense threats—the explanatory section of the relevant provision clearly states that the intended cyber threats are those related to the defense sector (cyber defense), not those related to law enforcement.
In this regard, SETARA Institute offers the following critical observations:
- The cyber patrols and consultations concerning the alleged criminal offenses identified by the TNI Cyber Unit not only demonstrate the expansion of the military’s role into areas beyond national defense, but also reveal a fundamental misunderstanding by the TNI Cyber Unit regarding the scope of the TNI’s involvement in cyberspace, which is limited to cyber defense. Moreover, the current situation has not escalated into a cyber crisis as defined under Article 1 paragraph 4 of Presidential Regulation No. 47 of 2023 concerning the National Cyber Security Strategy and Cyber Crisis Management. Consequently, the TNI’s involvement in cyberspace exceeds its legal mandate and contributes to democratic regression by threatening citizens’ freedom of opinion and expression.
- These cyber patrol activities also potentially demonstrate non-compliance with the legal basis governing Military Operations Other Than War (OMSP), particularly in the cyber domain. Law No. 3 of 2025 on the TNI, Article 7 paragraph (4), clearly stipulates that the implementation of OMSP must be further regulated through a Government Regulation (PP) or a Presidential Regulation (Perpres), except for assistance provided to the Indonesian National Police (Polri) in carrying out public security and public order duties as regulated by law. To date, no Government Regulation or Presidential Regulation governing this aspect of OMSP has been issued.
- This phenomenon not only reflects a regression in military reform but also accelerates digital repression that threatens democracy and freedom of expression. Rather than strengthening cyber defense capabilities to address external threats, such as cyberattacks by state or transnational non-state actors, the TNI has instead assumed law enforcement functions that properly belong to the Indonesian National Police and other civilian institutions. This practice gives rise to a form of digital dual function, whereby the military is no longer confined to safeguarding national defense but also conducts cyber patrols and follows up on alleged criminal offenses in cyberspace. Within the current political context, this development has the potential to become an instrument for controlling public narratives, exacerbating the trend of shrinking civic space that has drawn concern from both national and international civil society, while also legitimizing repressive actions against civilians in the digital sphere.
- Cyber patrols targeting civil society activism in the digital space establish a dangerous precedent for normalizing military involvement in cyber law enforcement without adequate accountability mechanisms. In the absence of clear legal limits and oversight by parliament and the public, TNI cyber operations risk becoming instruments of digital repression used to silence criticism and control public discourse. Rather than strengthening cyber defense against external threats, such involvement shifts the military’s role into the sphere of law enforcement, undermines the principle of civilian supremacy, and opens the door to abuses of power that may target civilians.
- The involvement of the TNI in handling demonstrations, whether directly or in the digital sphere, must cease whenever the competent civilian authorities remain capable of carrying out those responsibilities. Such involvement presents fundamental concerns from the perspective of institutional paradigms. For civil society, demonstrations constitute an expression of freedom of expression and the political rights of citizens as guaranteed by the Constitution and other applicable laws. Demonstrations serve as a corrective mechanism against state power and form an integral part of public participation in the political process. By contrast, within the military paradigm, demonstrations may be viewed as manifestations of socio-political instability that potentially threaten public order and national security. Consequently, stability may be pursued through coercive measures that violate the constitutional rights of citizens.
Contact Persons:
- Ikhsan Yosarie, Human Rights and Security Sector Reform Researcher, SETARA Institute
- Merisa Dwi Juanita, Human Rights and Security Sector Reform Researcher, SETARA Institute