Constitutional Court Responds to Demand for Expedited Ruling on TNI Law, Cites Case Complexity
The Constitutional Court (MK) has responded to demands from a civil society coalition urging the acceleration of the ruling on the judicial review of Law No. 3 of 2025 on the Indonesian National Armed Forces (TNI). MK asserts that the speed or delay in handling the case lies entirely in the hands of the constitutional judges’ panel.
MK’s Head of Public Relations, Pan Mohammad Faiz, stated that the request for acceleration will be discussed, but the decision remains the prerogative of the judges.
“If that becomes the domain of the Judges’ Panel,” Faiz said in his statement on Thursday (9/4).
According to Faiz, every petition, including the one filed in case number 197/PUU-XXIII/2025, will be thoroughly considered by the judges’ panel, both regarding acceleration and the need for in-depth examination of the case material.
“The request will certainly be discussed, and it will be conveyed later, whether in the trial or in the subsequent examination,” he said.
He explained that the duration for handling judicial reviews of laws does not have a rigid time limit and greatly depends on the complexity of the issues being tested. Additionally, the number of involved parties whose testimonies must be heard also affects the length of the trial process.
“Of course, the complexity of the case. The short or long duration of the trial, especially in law reviews, is not limited,” Faiz clarified.
He added that the number of involved parties who must be present and have their testimonies heard is also an important factor influencing the trial proceedings.
“It could be because the involved parties, especially the related parties, are numerous. Thus, all must have their testimonies heard in a balanced and proportional manner,” he continued.
While opening the possibility for acceleration, Faiz emphasised that the judges must still ensure all parties receive equal opportunities to provide their testimonies.
“If, for example, to expedite, the judges usually have considerations on whether it needs to be sped up or not. But clearly, the parties involved in the case must also be given the opportunity to have their testimonies heard,” he stressed.
Previously, a civil society coalition consisting of the Indonesian Legal Aid Foundation (YLBHI), Imparsial, and the Commission for the Disappeared and Victims of Violence urged the MK to promptly decide the case.
YLBHI Chairman, Muhammad Isnur, deemed acceleration necessary to avoid impacting the legal process in the acid attack case against KontraS activist Andrie Yunus.
“We also request acceleration from the MK because Article 74 of the TNI Law is very much related to Andrie’s case,” Isnur said.
“We ask that the ongoing process be temporarily halted and the MK expedite its ruling,” he continued.
The civil coalition assesses that if the petition is granted, criminal acts involving TNI soldiers should be processed in general courts to ensure transparency and accountability.
The MK itself held a follow-up hearing on Wednesday (8/4) with the agenda of hearing expert and witness testimonies from the petitioners. They argue that several articles in the TNI Law contradict the 1945 Constitution and have the potential to expand impunity within the military environment.