By: Ridwan Hasim )*
The polemic regarding the Indonesian National Armed Forces Law (UU TNI) continues to spark public debate even though it was passed by the DPR on March 20, 2025. Several groups who reject the ratification of this law say that the law threatens democracy because of the involvement of the TNI in the civilian sphere.
Regarding the ratification of the TNI Law which has drawn pros and cons, the public and institutions that feel that there are provisions in the law that conflict with the 1945 Constitution have a constitutional path to take legal action. One mechanism that can be used is a judicial review or testing of the law to the Constitutional Court (MK). Through this process, the Constitutional Court will assess whether the provisions in the TNI Law are in accordance with constitutional norms. If proven to be contradictory, the Constitutional Court has the authority to revoke certain articles in the law. The DPR emphasized that judicial review is a legitimate constitutional path for people who object to the regulation.
Minister of Law, Supratman Andi Agtas said that the government respects the public’s right to disagree and demands that the TNI Law be tested legally at the Constitutional Court. By taking this path, national stability can be maintained without sacrificing democracy and the rule of law.
Therefore, maintaining order and respecting applicable legal procedures is a shared responsibility. However, he hopes that the public will give the TNI Law a chance to run first, so that it can adjust the role and function of the TNI in facing modern security challenges.
According to him, the judicial review mechanism is part of the state system that allows the public to test laws that have been passed by the DPR and the government. He emphasized that there should be no excessive dichotomy between the various strengths of the nation. This is because Indonesia was founded by various groups and professions with balanced roles in building the country.
He ensured that the TNI Law that had been passed in the DPR plenary session did not contain elements of the TNI’s dual function as feared by some parties. According to Supratman, the new regulation actually provides clear limitations regarding civilian positions that may be filled by military personnel.
This emphasizes that government policy aims to ensure the TNI in maintaining state sovereignty, especially amidst new cross-border threats. The TNI, with the support of clear laws, is expected to be more effective in facing increasingly complex challenges.
Similarly, Deputy Chairman of Commission I of the DPR, Dave Akbarshah Fikarno Laksono, stated that his party did not have a problem with the judicial review steps taken by the community. The decision is entirely in the hands of the Constitutional Court to assess whether the lawsuit can be accepted or not.
Indonesia is a country of law as stated in Article 1 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. This means that all actions, policies, and decisions taken by the government and citizens must be based on applicable laws. In a country of law, the supremacy of law is upheld, and every citizen has the same position before the law.
Thus, disagreement with the contents of a law, including the TNI Law, does not need to be manifested in the form of unilateral rejection or actions outside the legal path. The state has provided a legal path that is legitimate, open, and fair for anyone who wants to fight for justice based on the constitution.
Meanwhile, Deputy Chairman of the West Java DPRD, MQ Iswara, assessed that the lack of complete information was the main cause of the emergence of protests against the changes to the TNI Law. This regulation actually clarifies the role and function of the TNI and ensures that there is no indication of the return of ABRI’s dual function. Iswara asked the public not to be easily provoked by incorrect issues related to the TNI Law.
Member of Commission III of the DPR, Hinca Panjaitan, also appealed to the public to understand the contents of the TNI Law before submitting objections. Hinca agreed that a judicial review to the Constitutional Court is a constitutional path that can be taken. According to him, criticism based on a complete understanding will be more constructive.
It is important for the public to be wiser in responding to information related to the TNI Law. All parties are expected to support government policies that aim to maintain the sovereignty and security of the state, and not be easily influenced by provocative narratives. By taking this path, national stability can be maintained without sacrificing democracy and the rule of law. Therefore, maintaining order and respecting applicable legal procedures is a shared responsibility.
)* The author is an Unhas Alumni living in Makassar
