Constitutional Justice Arief Hidayat chairing the petition revision hearing of the judicial review of Law No. 34 of 2004 on Indonesian National Armed Forces, Tuesday (12/14/2021). Photo by Humas MK/Panji.

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Tuesday, December 14, 2021 | 17:03 WIB

JAKARTA, Public Relations—A provision on the retirement age limit of members of the Indonesian National Armed Forces (TNI) in Article 53 and Article 71 letter a of Law No. 34 of 2004 on Indonesian National Armed Forces (TNI Law) is being challenged. Euis Kurniasih, an army veteran and ex-member of the Women’s Army Corps (Kowad), and three other individuals petitioned the case No. 62/PUU-XIX/2021.

As legal counsels, Kurniawan and colleagues conveyed the revisions to the petition before the panel of justices chaired by Constitutional Justice Arief Hidayat, including to the profiles of the legal counsels, which had been moved before those of the Petitioners. There was also an additional (sixth) petitioner.

There was also a change in the object of petition—Article 71 letter a of the TNI Law—from the entire norm to the phrase “The maximum retirement age is 58 (fifty-eight) years for officers and 53 (fifty-three) years for enlisted and non-commissioned officers.”

Also read: Gap in Retirement Age Between TNI and Police Questioned

The Petitioners requested the material judicial review of a provision on the retirement age limit of members of the Indonesian National Armed Forces (TNI) in Article 53 and Article 71 letter a of Law No. 34 of 2004 on Indonesian National Armed Forces (TNI Law). In the petition, the Petitioners argue that the retirement age among TNI officers in the a quo articles are different from that among police officers. They believe that the retirement age of police officers at 58 years applies to all, not differentiated based on rank.

They believe Article 53 and Article 71 letter a of the TNI Law has created different treatments towards TNI officers and police officers, who are similarly state apparatuses that carry out state security and defense, and have really given different treatments to things that are the same, thus essentially violates Article 27 paragraph (1) of the 1945 Constitution and at the same time violates the principle of fair legal certainty as referred to in Article 28D paragraph (1) of the 1945 Constitution

Therefore, in the petitum, the Petitioners requested that Article 53 and Article 71 letter a of the TNI Law be declared in violation of Article 27 paragraphs (1) and (2) and Article 28D paragraph (1) of the 1945 Constitution.

Writer        : Nano Tresna Arfana
Editor        : Lulu Anjarsari P.
PR            : M. Halim
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 12/15/2021 10:06 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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