Pribadi Wicaksono (Kontributor), Yogyakarta – Constitutional law expert from the University of Muhammadiyah Yogyakarta (UMY), Nanik Prasetyoningsih, calls for an immediate judicial review to be filed with the Constitutional Court regarding the newly enacted revision of the Indonesian Armed Forces Law (TNI Law)
"This judicial review aims to assess whether the TNI Law aligns with the constitution," Nanik stated in Yogyakarta on Friday, March 21, 2025.
This UMY Law Faculty lecturer revealed that the enactment of the policy has raised concerns and opposition from the public regarding the potential dominance of the military within the civil government structure.
"The intertwining of the military in civil matters can jeopardize Indonesia's democratic climate," Nanik said.
Nanik Prasetyoningsih warned that legislative revisions could further strengthen military involvement in civil affairs.
She believes this shift would weaken the civilian government structure, undermining civilian supremacy as a system for society to oversee the military. Ultimately, this could lead to the establishment of a militaristic style of governance.
"This militaristic approach contradicts democratic principles, as it will further restrict public participation in policymaking," Nanik stated.
"Ideal democracy is built from the bottom up, with the government executing mandates and the public determining its direction."
She also expressed concern over the overlapping roles of the TNI with other institutions, such as the police in maintaining public order and security, which could create confusion.
With the expansion of military operations beyond warfare, the TNI may become involved in law enforcement areas such as combating drug crimes and cybercrime.
Nanik fears that increased military involvement in civil tasks could lead to abuse of power. Given the enactment of the TNI Law, she believes the most peaceful course of action is to seek a judicial review of its provisions.
Despite the controversy surrounding its deliberation, formulation, and content, Nanik emphasized that the TNI Law is now legally binding. "We don't have to wait for it to infringe on civil rights before submitting it for judicial review," she said.
As long as there is a potential constitutional violation – such as the broadening of military operations beyond warfare – she argues that this is sufficient grounds to challenge the law in the Constitutional Court. "Anyone, including the public, has the right to file for a judicial review," she added.
Nanik hopes the judicial review will also serve as a response to public dissatisfaction with the TNI Law, which was drafted in a closed manner and, for procedural reasons, is considered to violate principles of proper legislative formation.
She also criticized the DPR for passing the TNI Law in secrecy, similar to previous instances with laws like the Job Creation Law and the National Capital Region (IKN) Law.
The TNI Law was officially passed in a DPR plenary session on Thursday, March 20, 2025.
Before its enactment, discussions surrounding the law had sparked strong reactions from civil society coalitions, echoing Nanik's concerns.
Throughout yesterday, various elements of society from different regions, including students, activists, and the public, took to the streets to protest the TNI Law.
Following the plenary session, DPR Chairperson Puan Maharani mentioned that the approved TNI Law has gone through the legislative formation mechanism.
"From receiving letters, listening to public participation, stakeholders who need to be heard, and so on, including open discussions, all these have been carried out," she said at the parliament complex, Senayan, Central Jakarta, on Thursday.
Source: https://en.tempo.co/read/1989045/legal-expert-urges-immediate-judicial-review-of-tni-law-heres-wh