Chief Justice Suhartoyo, accompanied by Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah, opening the preliminary panel hearing for the judicial review of Law No. 3 of 2025 on the Indonesian National Armed Forces, Wednesday (1/14/2026. Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Chief Justice Suhartoyo opened the preliminary examination hearing for the material judicial review of Article 47 paragraph (3) of Law No. 3 of 2025 on the Amendment to Law No. 34 of 2004 on the Indonesian National Armed Forces (the 2025 TNI Law). However, none of the Petitioners were present at the hearing, either in person or online.

“The Petitioners are not present at today’s hearing,” Suhartoyo said shortly after opening the hearing for Case No. 279/PUU-XXIII/2025 at the Plenary Courtroom of the Constitutional Court in Jakarta, Wednesday (1/14/2026).

The petition was filed by five citizens: Aradania Larasati Budiman (Petitioner I), Cely Intan Verbena (Petitioner II), Nanda Sesilia Isabel (Petitioner III), Putri Aprilia Nurcahyani (Petitioner IV), and Halimatus Sa’diyah (Petitioner V). They challenge the constitutionality of Article 47 paragraph (3) of the 2025 TNI Law, which regulates the appointment of active TNI soldiers to civilian positions.

In their petition, the Petitioners argued that the provision is inconsistent with Article 28D paragraph (3) and Article 30 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. They requested the Court to provide a constitutional interpretation to ensure that the norm is not implemented without clear limitations by holders of governmental power.

The Petitioners further contended that appointing active TNI soldiers to civilian offices could blur the principle of civilian supremacy and potentially reopen the space for military dual-function practices that have been abandoned since the 1998 Reform era. Moreover, such appointments were deemed to risk unequal opportunities for civilians and to undermine the focus and professionalism of the TNI as the state’s defense instrument.

Explore the case: Case No. 279/PUU-XXIII/2025

Author    : Utami Argawati
Editor     : N. Rosi
Translator : Yuanna Sisilia

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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