October 10, 2025 | 04:35 pm
TEMPO.CO, Jakarta - Indonesia's House of Representatives (DPR) and the government have jointly urged the Constitutional Court to reject judicial review petitions challenging Law Number 3 of 2025 on the Indonesian National Military (TNI Law).
DPR Commission I Chair Utut Adianto said the contested articles already have clear legal bases and limitations.
Utut highlighted that the revision of the TNI Law introduced two additional forms of military operations other than war (OMSP): handling cyber defense threats and protecting and rescuing Indonesian citizens abroad.
“These changes are designed to adapt to modern threats, rather than excessively expand TNI authority,” he said during the Constitutional Court session on Thursday, October 9, 2025.
The judicial review petitions were filed by several lawyers, legal consultants, and students across three combined cases, numbered 68/PUU-XXIII/2025, 82/PUU-XXIII/2025, and 92/PUU-XXIII/2025.
Regarding TNI assistance to regional governments, the DPR noted that such provisions have existed since Law 34 of 2004 and have not caused issues.
The phrase “overcoming problems arising from strikes” is intended to clarify the TNI’s limited and proportional role at the request of regional authorities, rather than restrict citizens’ constitutional rights.
On the TNI’s cyber role, the DPR emphasized that military involvement is strictly defensive and strategic, not law enforcement. This is regulated under Article 7 paragraph 2 letter B number 15 of Law Number 3 of 2025 and Minister of Defense Regulation Number 82 of 2014 on Cyber Defense.
For Article 47, which governs TNI personnel in civilian positions, the DPR argued that active military placements are strictly limited to 14 central agencies with specific responsibilities. Utut noted that this aligns with Article 19 of the State Civil Apparatus Law (ASN) and practices in democratic countries including the U.S., India, France, and Singapore.
“With this limitation, military participation in civilian roles remains controlled,” he said.
In its petitum, the DPR requested the Constitutional Court to reject all petitions, asserting that the claims lack legal merit and that the TNI Law does not violate the 1945 Constitution.
“Reject the petition a quo in its entirety or at least declare the petition a quo inadmissible,” Utut said.
The government, represented by Deputy Law Minister Edward Omar Sharif Hiariej, expressed a similar stance. He argued that the claims in case 92/PUU-XXIII/2025 are irrelevant and bear no causal link to Article 53 paragraph 4 of Law Number 3 of 2025, which simply governs the extension of the retirement age for four-star senior officers.
“The law does not authorize repressive actions by TNI personnel,” Eddy said. He also requested the Constitutional Court to declare that the petitioners have no legal standing, meaning the case should not be accepted.
Case 68/PUU-XXIII/2025 was filed by a group of lawyers, legal consultants, and students from Pamulang University, challenging Article 47 paragraphs (1) and (2), which regulate the placement of active TNI personnel in strategic civilian positions.
Petitioners argued that the article could allow abuse of power and undermines civilian supremacy and accountability.
Case 92/PUU-XXIII/2025, filed by student Tri Prasetio Mumpuni from Singaperbangsa University, questioned Article 53 paragraph (4), which extends the retirement age of four-star officers to 63, with up to two additional extensions via Presidential Decision.
Petitioners argued this could open opportunities for executive abuse. Meanwhile, case 82/PUU-XXIII/2025 is still under review, and case 81, previously filed by students, has been withdrawn.
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