Eka Yudha Saputra, Jakarta – Indonesia's constitutional law experts say the recent decision to confer the title of national hero on former president Soeharto could be legally challenged before the State Administrative Court (PTUN).
Yance Arizona, a constitutional law lecturer at Gadjah Mada University, said the conferment of the title, which was issued through a Presidential Decree (Keppres), could in principle be subject to legal review.
"The granting of a national hero title is an act of state administration that is concrete, individual, and final, carrying specific legal consequences," Yance told Tempo on Monday, November 10, 2025.
He added that victims of past human rights violations could potentially file a legal challenge against the decree, while also demanding a more transparent mechanism to uncover the truth about state crimes committed during the New Order era.
Meanwhile, Feri Amsari, a constitutional law lecturer at Andalas University, said any government or state decision can be annulled if administrative violations are proven.
Feri cited three grounds under Law No. 30 of 2014 on Government Administration for revoking or declaring a government decision invalid. "First, if it exceeds authority; second, if there is a mix of authorities; and third, if it is arbitrary," he said in a message to Tempo on Monday.
According to Feri, the decision to grant Soeharto the title did not exceed the President's authority, nor did it involve overlapping jurisdictions. However, he argued that the move could still be deemed arbitrary.
"A state administrative act is considered arbitrary when it violates existing laws, court decisions, or the broader legal framework," Feri said.
He added that Soeharto's legal status should be considered in this context. "It must be remembered that Soeharto was still classified as a suspect, and the legal process was never completed. Within the concept of an integrated criminal justice system, he remained a suspect," Feri explained.
The announcement of Soeharto's national hero title was made by Presidential Military Secretary Wahyu Yudhayana at the State Palace on November 10, 2025.
The conferment, which includes Soeharto and nine other figures, was formalized under Presidential Decree No. 116/TK/2025 on the Bestowal of the National Hero Title.
Other recipients include former president Abdurrahman Wahid (Gus Dur), labor activist Marsinah, former justice minister Mochtar Kusumaatmadja, Rahmah El Yunusiyyah, and former Commander of the Army Para Commando Regiment (RPKAD) Sarwo Edhie Wibowo. Also honored were Sultan Muhammad Salahuddin, Syaikhona Muhammad Kholil, Tuan Rondahaim Saragih, and Sultan of Tidore Zainal Abidin Syah.
– Hendrik Yaputra contributed to the writing of this article.