Constitutional Court Rejects Petitions Challenging TNI Law
Reporter
September 17, 2025 | 05:43 pm
TEMPO.CO, Jakarta - The Constitutional Court (MK) has rejected a formal review of the Indonesian Military or TNI Law No. 3 of 2025 that was filed by the Civil Society Coalition. The case was registered under the number 81/PUU-XXIII/2025.
During the session at the Constitutional Court Building in Central Jakarta on Wednesday, September 17, 2025, Chief Justice Suhartoyo stated that the interim decision entirely rejects the petitioners' first four provisions. Regarding the substantive request, he added that the fifth and sixth requests could not be accepted.
"Rejecting the petitioner's provisions from I to IV in their entirety," Suhartoyo said.
One of the legal considerations, as read by Constitutional Judge Guntur Hamzah, addressed the petitioners' argument that they faced difficulties in accessing meetings and documents related to the revision of the TNI Law. The Court rejected this claim.
Judge Guntur explained that lawmakers had made considerable efforts to ensure public participation during the drafting process of the Bill on the Amendment to the TNI Law No. 34 of 2004. He further noted that lawmakers had provided several avenues for public involvement and had not attempted to obstruct anyone who wished to participate.
"[This was done] through face-to-face discussions in various public forums as well as through electronic information sharing via official websites or YouTube channels, which were accessible to those who needed them," Judge Guntur stated.
Four of the nine constitutional judges, Suhartoyo, Saldi Isra, Enny Nurbaningsih, and Arsul Sani, issued a dissenting opinion on the Court’s decision.
"The four judges argued that the petitioner's request was legally justified and should have been partially granted by the Court," Suhartoyo said.
The Court also delivered verdicts on four other formal review cases related to the TNI Law on the same day: numbers 45, 56, 69, and 75/PUU-XXIII/2025. These cases, like Case 81, were all deemed inadmissible.
The central argument in all five cases was that the process of forming the TNI Law was inconsistent with legislative formation regulations and that it had restricted public participation, including access to the draft bill.
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