Chief Justice Suhartoyo presiding over the Decree Pronouncement Hearing of Case No. 33/PUU-XXIII/2025 on the judicial review of Law No. 34 of 2004 on Indonesian National Armed Forces, Wednesday (14/05), at the Courtroom. Photo by MKRI/Ifa.

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Jakarta (MKRI) – The Constitutional Court granted the withdrawal of Case No. 33/PUU-XXIII/2025 on the judicial review of Article 2 letter d, Article 39 paragraphs (2), (3), and (4), and Article 47 paragraph (2) of Law No. 34 of 2004 on Indonesian National Armed Forces against the 1945 Constitution of the Republic of Indonesia. The petition was submitted by Special Colonel Professor Mhd Malkis, an active soldier and professor of Universitas Pertahanan.

“Grant the withdrawal of the Petitioner’s petition,” Chief Justice Suhartoyo stated during the Decision/Decree Pronouncement Hearing on Wednesday, May 14, 2025, at the Plenary Courtroom, Jakarta.

The petition’s withdrawal was conveyed through a letter addressed to the Court. The withdrawal was then confirmed to the Petitioner in a hearing session.

“In the hearing, which, essentially, the Petitioner confirmed the letter or the withdrawal or retrieval of the petition,” Chief Justice Suhartoyo asserted. The Petitioner may not resubmit the petition.

Also read:

Petition for the National Army Law Review Withdrawn Due To Revision

The Panel of Justices confirmed the withdrawal of Case No. 33/PUU-XXIII/2025 to the Petitioner, who was accompanied by legal counsel, on Friday, April 25, 2025. The withdrawal was conveyed through a letter dated March 16, 2025, addressed to the Court.

“We asked our legal counsel to withdraw the petition because of the lost object,” Malkis, who attended the hearing online, stated.

In his petition, the Petitioner argued that he had suffered constitutional losses due to enacting the tested norms. Article 2 letter d of the TNI Law was deemed to show the negative definition of the Indonesian National Army because it contained the phrase “not to engage in politics” and “not doing business”. Article 39 paragraph (2), paragraph (3), and paragraph (4) of the TNI Law forbid active soldiers from politics, including holding political positions. However, according to the Petitioner, the definition of political positions in the regulation was unclear and potentially became a structural obstruction in filling technocratic positions by competent army soldiers.

Article 39 paragraph (3), which forbade soldiers from doing business, also contradicted the 1945 Constitution. Meanwhile, Article 47 paragraph (2) of the TNI Law limited active soldiers' career opportunities in several institutions, which directly hindered the Petitioner from obtaining the same chance in the government.

In the petitums, the Petitioner requested the Court to declare the negative definition of Professional Army in Article 2 letter b, which created multi-interpretation to be removed and declare Article 39 paragraph (2), paragraph (3), and paragraph (4), and Article 47 paragraph (2) of the TNI Law contradict the 1945 Constitution and do not have legally binding power. The Petitioner asked the Court to declare the articles constitutional as long as they were interpreted as the Petitioner’s requests.

Lawmakers, the House of Representatives, and the President have revised the TNI Law. As mentioned by several national online media, the revised TNI Law has been enacted by the House of Representatives on March 20, 2025, and signed by President Prabowo Subianto on March 27/28, 2025.

Author: Mimi Kartika.

Editor: N. Rosi

PR: Andhini SF.

Translator: Rizky Kurnia Chaesario

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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