Civil Society Challenges TNI Law at Constitutional Court, Highlighting Dual Function to Military Justice

Jakarta - The Constitutional Court (MK) has accepted a petition for material examination of the Indonesian National Armed Forces (TNI) Law submitted by several civil society organisations. The lawsuit was registered under number 200-41/PUU/PAN.MK/AP3 on Thursday (16/4/2026), with case number 197/PUU-XXII/2025. The petition highlights military involvement in civilian matters up to the military justice system, which is seen as obstructing justice. Director of the Imparsial Association, Ardi Manto Adiputra, stated that this judicial review is filed to ensure no further involvement of TNI personnel in civilian government affairs in the future. Additionally, the petitioners emphasise the importance of DPR involvement in military deployment policies, particularly in military operations other than war (OMSP), as a manifestation of civilian supremacy. “The new TNI Law actually negates the DPR’s role in military deployment. This contradicts the principle of civilian control over the military,” said Ardi. This petition also demands that no active soldiers hold civilian positions outside the defence sector. According to Ardi, this phenomenon is increasingly prevalent and potentially violates the TNI’s professionalism principle. On the other hand, Imparsial also assesses that the career development regulations in the TNI Law are discriminatory. The extension of retirement age for high-ranking officers is deemed unfair and opens up inequalities in the ranking system. The petitioners also request the MK to annul provisions that still maintain the military justice system. They view that this system often hinders transparent and accountable law enforcement. “We encourage all criminal acts committed by soldiers to be processed through civilian courts so that substantive justice can be realised,” said Ardi.