Jakarta, hitclubapk3 Indonesia
—
A number of citizens submitted material tests
TNI Law
regarding active soldiers who can occupy civilian positions to the Constitutional Court (
MK
).
The applicants for Application Number 238/PUU-XXIII/2025 consist of various professional backgrounds.The applicants are Ria Merryanti (doctor and state civil servant/ASN), Syamsul Jahidin (student, advocate and curator), as well as Ratih Mutiara Louk Fanggi and Marina Ria Aritonang (advocate and public policy observer).
Then Yosephine Chrisan Eclesia Tamba (BUMN employee and law master’s student).As well as Achmad Azhari and Edy Rudyanto (advocate and public policy observer).
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In the inaugural hearing held on Wednesday (10/12), the petitioners explained the reasons for challenging Article 47 paragraph (1) and paragraph (2) of Law Number 3 of 2025 concerning Amendments to Law Number 34 of 2004 concerning the Indonesian National Army (UU TNI) to the Constitutional Court.
Quoting from the MK website, they consider that this provision opens up opportunities for the placement of active TNI soldiers in civilian positions without clear restrictions and has the potential to revive the practice of military dual function.
In the trial chaired by Chief Justice Suhartoyo, according to Syamsul, the government abused the provisions of Article 47 of the TNI Law by placing active soldiers in a number of strategic positions in the civilian realm.
According to the Petitioners, this practice is not in line with the principle of civil supremacy and the ideals of the 1998 Reformation.
The Petitioners also referred to TAP MPR Number VI/MPR/2000 which emphasized that the socio-political role of the military in the past had caused distortion of democracy.
They are of the opinion that Constitutional Court Decision Number 114/PUU-XXIII/2025 which granted the request regarding the ban on Polri members holding civilian positions should also apply to the TNI.
“Because based on decision 114/PUU-XXIII/2025 the petitioners’ request regarding ‘POLRI occupying civilian positions’ was granted, this should also apply to the TNI (Indonesian National Army) which has the same spirit as the State’s instrument for protecting the sovereignty of the Archipelagic State of the Republic of Indonesia (NKRI),” said Syamsul.
In their petition, the Petitioners asked the Constitutional Court to declare Article 47 paragraph (1) of the TNI Law conditionally unconstitutional as long as it is not interpreted to mean that the placement of active soldiers can only be carried out in ministries/agencies tasked with defense, security, intelligence, cyber, state code, counter-terrorism, search and rescue, the Indonesian Attorney General’s Office, and the Supreme Court.
Meanwhile, it is requested that Article 47 paragraph (2) of the TNI Law be declared conditionally unconstitutional as long as it is not interpreted to mean that soldiers can only hold civilian positions after resigning or retiring from active service.
The trial ended that day, and the constitutional judge asked the petitioners to revise their petition.Constitutional Justice Daniel Yusmic P Foekh believes that there is still a difference between the reasons for the petition asking for the norm to be declared unconstitutional and the petitum which opens up space for alternative requests.
The Constitutional Panel of Justices gave the Petitioners 14 days to amend their petition.The MK must receive the revised application no later than December 23 2025.
(kid)
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