Student of the University of Singaperbangsa Karawang Tri Prasetio Putra Mumpuni at a material judicial review hearing of Law No. 3 of 2025 on the Armed Forces, Wednesday (6/18/2025). Photo by MKRI/Fauzan.

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JAKARTA (MKRI) — A student of the University of Singaperbangsa Karawang, Tri Prasetio Putra Mumpuni, has filed a material judicial review petition of Article 53 paragraph (4) of Law No. 3 of 2025 on the Amendment to Law No. 34 of 2004 on the Indonesian Armed Forces (TNI Law) to the Constitutional Court (MK). He challenges the constitutionality of the provision on the increase of the retirement age of military officers.

The preliminary hearing for case No. 92/PUU-XXIII/2025 on Wednesday, June 18, 2025 was presided over by Chief Justice Suhartoyo and Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah. Article 53 paragraph (4) of the TNI Law reads, “Specifically for four-star high-ranking officers, the maximum retirement age shall be 63 (sixty-three) years and may be extended up to a maximum of two (2) times in accordance with the needs as determined by a Presidential Decree.”

The Petitioner believes the provision in question could potentially lead to abuse of executive authority due to the absence of any control or oversight mechanism over the President’s decision to extend the service period of four-star high-ranking officers. As such, the a quo norm is in violation of the principles of due process of law and transparency, as the granting of such extensions is unilateral and does not involve legislative approval.

“I respectfully request that the Court declare Article 53 paragraph (4) of Law No. 34 of 2004 on the Indonesian National Armed Forces unconstitutional and not legally binding, and further, to consider the revocation of the TNI Law in its entirety,” said Tri Prasetio reading his petitums.

Previous Petitions

In response, Constitutional Justice Daniel Yusmic P. Foekh informed the Petitioner that the Law in question has been revised and several other petitioners had filed for formal judicial review petitions for it.

“Therefore, there is the Constitutional Court Decision No. 62/PUU-XIX/2021, which rejected [the petition]. There is also Decree No. 97/PUU-XXI/2023. You can refer to these petitions while revising [your petition],” he explained.

Meanwhile, Constitutional Justice M. Guntur Hamzah advised the Petitioner to observe the standard format for a petition, which comprises the petitioner’s profile, explanation of the Court’s authority, elaboration of the petitioner’s legal standing, the petition’s rationale or posita, and the petitioner’s pleas or petitums. “This article does not concern a formal review, so how does it conflict with Articles 28C and 28D of the 1945 Constitution?” he asked.

At the end of the session, Chief Justice Suhartoyo announced that the Petitioner would have 14 days to revise the petition, which should then be submitted to the Registrar’s Office by Tuesday, July 1, 2025. The schedule for the second hearing to present the revisions to the petition will be announced at a later date.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Fauzan Febriyan
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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