Justice Ridwan Mansyur taking notes on the Petitioners’ mistakes in writing the judicial review petition on the Army Law, which needs to be revised. Photo by MKRI/Ilham WM.

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Jakarta (MKRI) – Five students of Universitas Muhammadiyah Surakarta filed a formal judicial review petition on Law No. 3 of 2025 on the Indonesian National Armed Forces (Army Law). The Petitioners considered that the legislation process of the Army Law was carried out exclusively without public participation. Hence, if the Army Law becomes effective and military personnel can work in the civil sector, it will reduce the petitioners’ job opportunities.

“The petitioners who are currently students are afraid that in the future, if the law is effective, the job opportunities for the petitioners will be limited, even though, even before the law, job opportunities for civilians are very limited. If the military personnel are allowed to work in the civil sector, it will be harder for the Petitioner to get a job,” Petitioner Nova Auliyanti Faiza stated during the hearing of Case No. 83/PUU-XXIII/2025 on Tuesday, May 27, 2025.

In addition to Nova, the Petitioners of the case consist of Mohammad Arijal Aqil, Shanteda Dhiandra, Bisma Halyla Syifa Pramuji, and Berlliana Anggita Putri. Berliana, a law graduate, admitted that she found it hard to get a job because there were very few job opportunities and a high number of job seekers. This results in a high number of unemployed people and competition. Moreover, if a supposed civil position based on a specific skill is occupied by military personnel who do not have the skills, it is a problem.         

The Petitioners further argued that the Army Law did not fulfill the category as an emergency and urgent bill to be enacted as stipulated in the Lawmaking Law. There was no extraordinary situation, conflict, natural disaster, or national urgency that was real and could not be postponed, which could serve as the reason to justify the Army Law revision outside the standard mechanism of the prolegnas.

The Army Law also could not be qualified as a carryover bill as provided by the Lawmaking Law. Based on the documents and legislative facts, during the Legislative Period of 2019-2024, the Army Law Bill was not brought into the Problem Inventory List discussion because the President did not send a letter or the list as required constitutionally to start the conversation with the House of Representatives. According to the Petitioners, the planning and establishment process of the Army Law showed hasty planning and neglected precautionary principle, which should be the foundation in all legislative processes.

In the petitums, the Petitioners requested the Court to declare that the Army Law did not fulfill the lawmaking requirement based on the 1945 Constitution of the Republic of Indonesia. They also asked the Court to declare the Army Law contrary to the 1945 Constitution of the Republic of Indonesia and does not have a legally binding force.

The case was heard by Deputy Chief Justice Saldi Isra (chair), Justice Ridwan Mansyur, and Justice Arsul Sani. Justice Arsul advised that the Petitioners must provide a substantial direct linkage with the norms tested or the lawmaking process.

“That, you must show that you as citizens substantially, materially, have constitutional harm potential that you have fought for, also participate as society and citizens in the lawmaking process. For example, mention that you found it hard to get the academic paper and the law, then do you send an email to the House, if so, explain about it,” Justice Arsul stated.

Meanwhile, Deputy Chief Justice Saldi stated that it would constitute a potential constitutional loss if the Petitioners argued about difficulties in looking for a job while still students. To explain arguments about a possible constitutional loss, they must ensure that it will happen.

“Thus, you have to explain the condition that ensures that it will happen and harm you as petitioners,” Deputy Chief Justice Saldi said.

Before closing the hearing, Deputy Chief Justice Saldi stated that the Petitioners were given 14 days to amend their petition. The revised petition must be submitted no later than Tuesday, June 10, 2025. (*)

Author: Mimi Kartika

Editor: N. Rosi

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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