The Court deciding on the material judicial review petition of Law No. 34 of 2004 on the Indonesian Armed Forces, Thursday (6/26/2025) in the Courtroom. Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) has issued a decision to the withdrawal on material judicial review petition of the Elucidation of Article 2 letter d of Law No. 34 of 2004 on the Indonesian Armed Forces (TNI/Army Law). The hearing of Decree No. 85/PUU-XXIII/2025 filed by Ahmad Soffan Aly held on Thursday, June 26, 2025 in the Plenary Courtroom of the Court.

In the hearing of the decision, Chief Justice Suhartoyo said that the Court's Registrar's Office had received a letter of revocation from the Petitioner regarding the revocation or withdrawal of Petition for Case No. 85/PUU-XXIII/2025. "And confirmation has also been made in the hearing which in essence the Petitioner confirmed the revocation or withdrawal in question," said Chief Justice Suhartoyo.

Furthermore, the Justices' Deliberation Meeting (RPH) on June 4, 2025 and June 23, 2025 determined that the withdrawal of the petition for the case was legally justified and the Petitioner could not re-submit the petition.

The withdrawal of the previous petition has been submitted by the Petitioner through a letter addressed to the Court. The withdrawal petition was then confirmed by the Court to the Petitioner through a hearing.

Also read:

Army Law Challenged for Potential Defiance to Civilian Authority

Revised Petition of Army Law Past Deadline

Withdrawal of Petition on Army Law Confirmed

The Petitioner argued that the Elucidation to Article 2 letter d of the TNI Law did not anticipate emergency conditions, such as the simultaneous vacancies of the office of president and vice president as stipulated under Article 8 paragraph (3) of the 1945 Constitution.

“The Elucidation to the TNI Law only mentions the president as a leader directly elected by the people. In fact, in an emergency, executive power is delegated to the acting president, who is not the result of direct elections,” legal counsel Ferdian Zakiy explained before the panel of justices at the preliminary hearing on Tuesday, May 27.

The Petitioner was concerned that the norm’s vagueness could make way for the TNI commander’s disobedience to the acting president, especially in situations of national crisis. This, he argued, could lead to the weakening of civilian supremacy and potential military insubordination that would threaten state stability.

“In such a vacuum, national leadership is run collectively, whereas the military requires a quick and single command. This risks ineffectiveness and even insubordination,” Ferdian continued.

Read more:

Petition No. 85/PUU-XXIII/2025

 

Read the decision:

Decision No. 85/PUU-XXIII/2025.

Author       : Utami Argawati
Editor        : N. Rosi
PR            : Fauzan F.
Translator  : Donny Yuniarto

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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