Petitioners of the judicial review of Law No. 34 of 2004 on the Indonesian National Armed Forces delivering the main points of the petition, Wednesday (10/12). Photo by MKRI/Panji.

---

Jakarta (MKRI) – Several citizens have filed a material judicial review of Article 47 paragraph (1) and paragraph (2) of Law No. 3 of 2025 on the Amendment to Law No. 34 of 2004 on the Indonesian National Armed Forces (TNI Law) to the Constitutional Court. They deemed the provision to enable the appointment of active-duty soldiers to civil service positions without explicit limitations, and potentially to revive the practice of dual functions in the military.

The Petitioners of Case No. 238/PUU-XXIII/2025 comprise citizens from various professions. Petitioner I, Syamsul Jahidin, is a student, advocate, and curator. Petitioner II, Ria Merryanti, is a doctor and civil servant. Petitioners III and IV, Ratih Mutiara Louk Fanggi and Marina Ria Aritonang, are advocates and public policy observers. Petitioner V, Yosephone Chrisan Eclesia Tamba, is an employee of a state-owned enterprise and a law master student. Petitioner VI, Achmad Azhari, and Petitioner VII, Edy Rudyanto, are advocates and public policy observers.

During the hearing presided over by Chief Justice Suhartoyo on Wednesday, December 10, 2025, Syamsul stated that the government has misused Article 47 of the TNI Law to appoint active-duty soldiers to several strategic civil service positions. According to the Petitioners, the practice does not align with the principle of civil supremacy and the goals of the 1998 reform.

The Petitioners referred to the National Assembly Decree (TAP MPR) No. VI/MPR/2000, which asserts that the socio-political role of the military in the past had caused democratic distortion. They argued that Constitutional Court Decision No. 114/PUU-XXIII/2025, which prohibits Police Officers from holding civil service positions, should apply to the Armed Forces.

“Because Decision No. 114/PUU-XXIII/2025 grants the Petitioners’ petition to prohibit Police Officers from holding civil service positions, then, the provision should also apply to the Armed Forces, which bear the same role as the state’s tool to maintain the sovereignty of the Archipelagic State of the Republic of Indonesia,” Syamsul explained.

In the petition, the Petitioners requested the Court to declare Article 47 paragraph (1) of the TNI Law conditionally unconstitutional as long as it is not interpreted to mean that the appointment of active-duty soldiers may only be carried out in ministries/agencies related to defense, security, intelligent service, cyber-security, state secret, counterterrorism, search and rescue, Prosecutor Office, and the Supreme Court.

The Petitioners also requested the Court to declare Article 47 paragraph (2) of the TNI Law conditionally unconstitutional as long as it is not interpreted to mean that soldiers may only hold civil service positions after resigning or retiring from active duty.

Responding to the petition, Justice Daniel Yusmic P. Foekh advised the petitioner to revise the posita and petitums to ensure alignment. He found an incompatibility between the petition’s reasoning, which seeks to declare the norm unconstitutional, and the petitums, which seek alternative requests.

“I see that there is incompatibility between posita, which seeks to declare the norm unconstitutional, and the petitums, which request that the norm be declared unconstitutional or conditionally constitutional. So that they are aligned, it needs an explanation,” Justice Daniel stated.

The Panel of Justices granted the petitioners 14 days to amend the petition. The revised petition must be submitted no later than December 23, 2025, at 12.00 Western Indonesian time. (*)

Author: Utami Argawati

Editor: Lulu Anjarsari P.

PR: Andhini S.F.

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.

---