Legal counsel Viktor Santoso Tandiasa at the second material judicial review hearing of Law No. 34 of 2004 on the Indonesian Armed Forces, Thursday (9/21/2023). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The Constitutional Court (MK) held a second material judicial review hearing of Law No. 34 of 2004 on the Indonesian Armed Forces (TNI Law). The petition revision hearing for case No. 97/PUU-XXI/2023 took place on Thursday, September 21, 2023.

Before Constitutional Justices Suhartoyo (panel chair), Daniel Yusmic P. Foekh, and M. Guntur Hamzah, legal counsel Viktor Santoso Tandiasa conveyed the addition of one petitioner, Brig. Gen. Marwan Suliandi, making up a total of seven petitioners.

“Petitioner VII (Brig. Gen. Marwan Suliandi) is a military judge at the military court. He has received permission from the military court to be a petitioner, Your Honors, with the letter exhibit P-26. For his legal standing, as a military judge at the military court, he follows the provisions of honorary discharge in Article 53 of Law No. 34 of 2004 at 58 years old, since he is a military officer with the position of brigadier general. This means that in 2024 he will be honorably discharged after turning 58 years. Meanwhile, the position of a judge requires maturity and wisdom in deciding cases and the age of 58-60 is within productive range and has outstanding maturity and wisdom for deciding cases,” he explained.

The Petitioners request that the Court hand down an interlocutory (provisional) decision. “In this revised petition, we add a provisional petition,” he added.

Tandiasa also explained the retirement ages of military officers in Germany (65 years), the US (64 years), France (64 years), Russia (60 years), China (60 years), Australia (60 years), the UK (60 years), Cambodia (60 years), Myanmar (60 years), the Philippines (60 years), Singapore (60 years), Thailand (60 years), and Malaysia (60 years).

Also read: Armed Forces Officers Challenge Retirement Age 

The Petitioners are active and retired TNI officers: rear admiral Kresno Buntoro, Law Corps colonel Sumaryo, staff sergeant Suwardi, retired naval captain Lasman Nahampun, retired Law Corps colonel Eko Haryanto, and retired Special Corps second lieutenant Sumanto, and military judge Marwan Suliandi (Petitioners I-VII).

They challenge Article 53 of the TNI Law, which 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.”

At the preliminary hearing on Thursday, September 7, legal counsel Viktor Santoso Tandiasa although the retirement age of TNI officers has been ruled by the Court in Decision No. 62/PUU-XIX/2021, in which it ordered lawmakers to revise the a quo norm, no change had been made. 

Retirement Age of 60 Years

Tandiasa also asserted that the retirement ages for civil servants in Indonesia should be made equal because many legislations regulating their professions (Police, state civil apparatus/ASN, prosecutors, teachers/lecturers, judges) set the retirement age at 60 years, even 70 years at the highest.

The adjustment to the retirement age of TNI officers to up to 60 years would also show the state’s appreciation for TNI officers’ service while they were in productive age group and would guarantee their welfare for longer or at least on part with members of the Police force, state civil apparatuses, prosecutors, teachers/lecturers, and judges.

Therefore, the Petitioners request a provisional decision, before the Court hands down a final decision, to postpone the enforcement of Article 53 of the TNI Law.

They also request that the Court declare Article 53 of the TNI Law conditionally unconstitutional and not legally binding if not interpreted as “Officers shall carry out military service until a maximum age of 60 (sixty) years for officers, and 58 (fifty-three) years for enlisted and non-commissioned officers.”

Author         : Utami Argawati
Editor          : Nur R.
PR              : Andhini S.F.
Translator    : Yuniar Widiastuti (NL)

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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