Representative of the House of Representatives attending the judicial review hearing of Law No. 3 of 2005 on the Indonesian National Armed Forces (TNI Law) at the Plenary Courtroom on Thursday (19/2/2026). Photo by MKRI/Panji.

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Jakarta (MKRI) - The Constitutional Court resumed the judicial review of Article 47 paragraphs (1) and (2) of Law No. 3 of 2025 on the Amendment to Law No. 34 of 2004 on the Indonesian National Armed Forces (TNI Law) on Thursday, February 19, 2026, in the plenary courtroom.

The hearing, chaired by Chief Justice Suhartoyo, was scheduled to hear expert testimony from the House of Representatives (DPR) in Case No. 238/PUU-XXIII/2025. However, the agenda could not proceed because the Petitioner failed to appear, and DPR’s expert papers were submitted late.

Chief Justice Suhartoyo explained that, under Court rules, experts’ curricula vitae and written opinions must be filed no later than two working days before the hearing. The House’s expert documents were received on Monday, February 16, 2026, effectively only one day before the session.

“They should have been received by the Court two working days before the hearing. In this case, they were submitted on Monday, so effectively only yesterday. They should have reached the Court by Friday,” Chief Justice Suhartoyo said in court.

He added that the Petitioners had not confirmed their online attendance by the required deadline and did not appear at the hearing. Given these circumstances, the panel will address the Petitioner’s absence in the Justices’ Deliberation Meeting, while the House’s expert session has been rescheduled for Tuesday, March 3, 2026, at 1:00 PM Western Indonesia Time.

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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.

Case tracking: Petition No. 238/PUU-XXIII/2025 (in Indonesian)

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.

 

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