Director-General of Defense Strategy of the Ministry of Defense Rodon Pedrason testifying virtually on behalf of the Government at the judicial review hearing of Law No. 34 of 2004 on Indonesian National Armed Forces, Wednesday (2/23/2022). Photo by Humas MK/BPE.

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Wednesday, February 23, 2022 | 16:09 WIB

JAKARTA, Public Relations—Another judicial review hearing of Law No. 34 of 2004 on Indonesian National Armed Forces (TNI Law) for case No. 62/PUU-XIX/2021 was held by the Constitutional Court (MK) on Wednesday, February 23, 2022. The justices heard testimonies of the Government and the Petitioners’ expert.

Director-General of Defense Strategy of the Ministry of Defense Rodon Pedrason said that the TNI Law revision bill was included in the National Legislative Program (Prolegnas) priority list based on the Decree of the House of Representatives (DPR) No. 8/DPR RI/II/2021-2022 on the Prolegnas of Priority Bills of 2022 and in the Prolegnas of Third Revision Bills of 2020-2024 No. 131 on the Discussion between the House and the Government.

“The Government had finished the academic text on the revision bill of the TNI Law following the letter of the [National Law Development Agency (BPHN)] No. PHN/HN 02.04-20 dated December 20, 2019. In addition, the Government had harmonized the bill on the revision of Law No. 34 of 2004 on Indonesian National Armed Forces following the letter of the Minister of Law and Human Rights No. PEE.PP. 01.031389 dated August 28, 2019,” he explained before the plenary bench chaired by Chief Justice Anwar Usman.

Pedrason, who represented the Government, said that the academic text on the revision bill of Law No. 34 of 2004 on page 59 letter b reads, “To change the provision of Article 53, which originally meant that ‘soldiers shall carry out military service until the maximum age of 58 years for officers and 53 years of age for non-commissioned officers and enlisted men’ to ‘soldiers shall carry out military service until the maximum age of 58 years.’”

Sishankamrata

Expert Wim Tohari Danieldi in his testimony for the Petitioners said that the concept of Total People’s Defense and Security System (Sishankamrata) mandated by Article 30 paragraph (2) of the 1945 Constitution was first proposed by Gen. Abdul Haris Nasution.

“In practice, Sishankamrata has long been known by the people of the archipelago. This can be seen from the history of the Diponegoro War and especially during the revolution for independence. As a concept, the term Sishankamrata was first coined by General Abdul Haris Nasution in his book The Principles of Guerrilla and Defense of the Republic of Indonesia in the Past and Future,’” he said.

Wim said that since the beginning, there had been no different treatment from the state towards the main components—the TNI and the Police—especially regarding the retirement age of soldiers. Both the TNI and the Police are a unified system that cannot be separated in the context of realizing national goals. After the 1998 Reform, the legislatures separated the TNI and the Police under different laws.

“However, Article 30 of the 1945 Constitution continues to frame these two institutions in one Sishankamrata with the TNI consisting of the army, the navy, and the air force as state instruments tasked with protecting state sovereignty. Meanwhile, the Police as an instrument of the state is tasked with maintaining public security, protecting and nurturing the people, and enforcing the law,” he added.

Also read:

Gap in Retirement Age Between TNI and Police Questioned

Petitioners of TNI Law Convey Revisions

Army Commander Testifies at Hearing on TNI Law 

Euis Kurniasih is an army veteran and ex-member of the Women’s Army Corps (Kowad). In 2018, she turned 57 and entered the retirement preparation period (MPP) to find other work for after her retirement. In 2019, she turned 58 and retired. Meanwhile, Jerry Indrawan is currently a tenured lecturer at the Universitas Pembangunan Nasional “Veteran” Jakarta. He has concerns over state defense and security, especially issues related to the TNI. Hardiansyah, A. Ismail Irwan Marzuki, and Bayu Widiyanto are taxpaying Indonesian citizens.

Euis Kurniasih, Jerry Indrawan, Hardiansyah, A. Ismail Irwan Marzuki, and Bayu Widiyanto requested the material judicial review of Article 53 and Article 71 letter a of Law No. 34 of 2004 on Indonesian National Armed Forces (TNI Law).

Article 53 of the TNI Law reads, “Officers shall carry out military service until a maximum age of 58 (fifty-eight) years for officers, and 53 (fifty-three) years for enlisted and non-commissioned officers.”

Article 71 letter a of the TNI Law reads, “At the time this law enters into force, the provision regarding the retirement age as referred to in Article 33 are regulated as follows: a. The maximum retirement age is 58 (fifty-eight) years for officers and 53 (fifty-three) years for enlisted and non-commissioned officers, only applies to TNI soldiers who, as of the date this law is enacted, have not been declared retired from the TNI service.”

The articles concern the retirement age limit of members of the Indonesian National Armed Forces (TNI). 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.

https://www.youtube.com/watch?v=i-tw_BOh1Ng 

Writer        : Nano Tresna Arfana
Editor        : Nur R.
PR            : Muhammad Halim
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 2/24/2022 17:20 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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