The Advocacy Team for Security Reform, comprising dozens of lawyers\nand human rights activists, submitted conclusions for a material review\npetition of Law Number 3 of 2025 amending Law Number 34 of 2004 on the\nIndonesian National Armed Forces (TNI) to the Constitutional Court (MK)\non Thursday (6\/4).<\/p>\n
Deputy Director of Imparsial, Hussein Ahmad, reiterated that the\nprimary reason for filing the material review is to realise security\nsector reforms within the TNI.<\/p>\n
\u201cThere are several points we wish to convey: our conclusions are\nbased on facts and evidence, strengthened by expert testimonies, with\nthe core aim of achieving security sector reform in our TNI,\u201d Hussein\nstated at the MK office in Jakarta on Thursday (16\/4).<\/p>\n
On the same occasion, Imparsial Director Ardi Manto Adiputra\nexplained the provisions in the TNI Law under review. Ardi said they\nwant to ensure that in the future, no soldiers are involved or interfere\nin civilian government matters.<\/p>\n
He noted that currently, the military is overly involved in various\ncivilian affairs, describing this as a return to the military\u2019s dual\nfunction.<\/p>\n
Ardi then raised the elimination of parliamentary oversight in\nmilitary operations. One provision amended by the TNI Law is Article 7\nparagraph (4), which delegates the implementation of OMSP (Military\nOperations Other Than War) to Presidential Regulations or Government\nRegulations, without involving the DPR.<\/p>\n
However, the constitution explicitly stipulates that every deployment\nof military force must go through the state\u2019s political decisions\n(Article 10, Article 11 paragraph (1), and Article 20A paragraph (1) of\nthe 1945 Constitution).<\/p>\n
This delegation erases the DPR\u2019s checks and balances function over\nthe President as the supreme commander of the TNI.<\/p>\n
\u201cThirdly, to ensure no active military personnel hold various\ncivilian positions unrelated to national defence matters,\u201d Ardi\nadded.<\/p>\n
Another goal to be achieved through this material review concerns\nfair and accountable career development and ranking in the military.<\/p>\n
\u201cWell, the new TNI Law we are challenging is discriminatory in the\ncareer and ranking development system for TNI personnel, as it provides\nexcessive leeway to military personnel of certain ranks\u2014 from one-star\nto four-star generals\u2014by extending their retirement periods in a\ndiscriminatory and unfair manner,\u201d he added.<\/p>\n
\u201cAnd fifthly, the purpose of our Judicial Review (material review) is\nto prevent military personnel from committing crimes and escaping\npunishment due to the ongoing military justice system,\u201d he said.<\/p>\n
Meanwhile, Chairman of Advocacy and Networks Division of the\nIndonesian Legal Aid Foundation (YLBHI), Zainal Arifin, hopes the MK\nwill grant the coalition\u2019s material review petition in full. He hopes\nthe MK will issue a good, fair decision that upholds the dignity of the\nconstitution.<\/p>\n
\u201cWhy should the Constitutional Court grant and uphold justice,\nincluding accepting the petitioners\u2019 request today? First, this case is\nnot a heavy one; it is straightforward and clear, given that the\nboundary between military and civilian is firmly established in our\nconstitutional mandates,\u201d Zainal stated.<\/p>\n
\u201cRegardless of the deviations today, I believe the MK still remembers\nwell the history of the New Order era when power used the military to\nperpetrate various abuses that ultimately damaged the pillars of\ndemocracy. And I think this is an important consideration for the MK,\u201d\nhe continued.<\/p>\n
The material review petition was filed as a promise from the advocacy\nteam after the MK rejected the formal review of the TNI Law on\nWednesday, 17 September last year.<\/p>\n
This petition is a follow-up effort by civil society to reject the\nexpansion of military positions in civilian domains, TNI impunity, and\nthe extension of TNI generals\u2019 retirement periods, which have\ndetrimental effects on the TNI organisation.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/advocacy-team-for-security-reform-submits-conclusions-of-tni-law-material-review-to-constitutional-court-1776343884", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }