Jakarta (MKRI) - Priority in filling civilian positions is still given to the State Civil Apparatus (ASN), with opportunities subsequently opened up to Indonesian National Armed Forces (TNI) soldiers to compete in open selection processes. This was confirmed by the Director General of Defense Forces at the Ministry of Defense, Haris Haryanto, representing the Government at the Examination Hearing for Petition No. 238/PUU-XXIII/2025, which was held on Wednesday, January 14, 2026, in the Plenary Courtroom of the Constitutional Court.
"The provisions of Article 47 paragraph (1) and paragraph (2) of Law No. 3/2025 on the Indonesian National Armed Forces are not discriminatory because the filling of civilian positions is still prioritized for civil servants and is carried out through an open selection process that can be monitored by the general public, so that civil servants and TNI soldiers who will fill certain civilian positions can compete to meet the selection requirements in a transparent and non-discriminatory manner," explained Haris in the hearing chaired by Chief Justice Suhartoyo.
The government delivered a statement regarding the judicial review of Article 47 paragraphs (1) and (2) of Law No. 3 of 2025 on Amendments to Law No. 34 of 2004 on the Indonesian National Armed Forces (TNI Law). The request for judicial review was submitted by petitioners from various professional backgrounds. The Petitioners include Syamsul Jahidin as Petitioner I, who is a student, lawyer, and curator; Ria Merryanti as Petitioner II, who is a doctor and civil servant; Ratih Mutiara Louk Fanggi and Marina Ria Aritonang as Petitioners III and IV, who are lawyers and public policy observers; Yosephine Chrisan Eclesia Tamba as Petitioner V, who is a state-owned enterprise employee and a master's student in law; and Achmad Azhari and Edy Rudyanto as Petitioners VI and VII, who are lawyers and public policy observers.
Regarding the filling of civilian positions, the Government explained that the selection mechanism is conducted openly based on organizational needs. The selection considers qualifications, rank, education and training, track record, health, integrity, and other job requirements in accordance with the provisions of laws and regulations.
“The implementation of duties and functions in ministries/agencies by TNI soldiers continues to be carried out based on the principles of accountability and civilian supremacy, so that there is no military domination in strategic civilian decision-making by TNI soldiers,” said Haris.
Therefore, the Government emphasizes that the filling of civilian positions by TNI soldiers must be carried out openly, accountably, limited to certain ministries and institutions, and must not distort the principles of meritocracy and public accountability.
Furthermore, Haris said that the implementation of duties and functions in ministries and institutions by TNI soldiers is carried out under the responsibility of the leadership of the relevant ministry or institution. Every strategic decision made by TNI soldiers in these positions is based on the direction of civilian leaders, so that the principle of civilian supremacy is maintained.
Haris then added that Article 47 paragraph (1) of the TNI Law must be read in conjunction with Article 47 paragraph (3), which regulates requests from ministries or institutions and the obligation to comply with administrative provisions in accordance with laws and regulations.
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During the preliminary hearing, the Petitioners stated that the government has misused Article 47 of the TNI Law to appoint active-duty soldiers to several strategic civilian positions. According to the Petitioners, the practice is inconsistent 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 civilian positions, should 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.
Thus, the Petitioners requested that the Court provide constitutional certainty to ensure that the regulation governing the placement of soldiers in civilian positions remains consistent with the principles of the rule of law, democracy, and civilian supremacy.
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.
Wednesday, January 14, 2026 | 15:24 WIB 516