Viktor Santoso Tandiasa, legal counsel for the Petitioners of case No. 97/PUU-XXI/2023, Thursday (12/21/2023). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) issued decree on the withdrawal of a material judicial review petition against Law No. 34 of 2004 on the Indonesian Armed Forces (TNI Law) relating to the TNI’s retirement age.

“The Court decides to grant the withdrawal of the Petitioners’ petition,” said Chief Justice Suhartoyo reading out Decree No. 97/PUU-XXI/2023 at a ruling hearing on Thursday, December 21, 2023 in the plenary courtroom.

Chief Justice Suhartoyo said that the Court had held hearings to review this case. The preliminary hearing took place on September 7. However, the Court received a letter from the Petitioners’ legal counsel on December 7, requesting the case to be withdrawn.

Following up on the request, the Court held a hearing on December 13 to confirm the withdrawal of the petition. At the hearing, the panel of justices asked about the request and Petitioners’ legal counsel confirmed the withdrawal of the petition.

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The petition No. 97/PUU-XXI/2023 was filed by seven 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). The agenda of the hearing, which was chaired by Chief Justice Suhartoyo, was the confirmation of the petition’s withdrawal based on the information of the Registrar’s Office.

They challenged the provision on the retirement age of TNI officers in Article 53 of the TNI Law, which reads 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 asserted that although the retirement age of TNI officers had 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. 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.” 

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

They also requested 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    : Najwa Afifah Lukman/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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