Perluasan Jabatan Sipil Bagi Prajurit Tni Dalam Perspektif Pengujian Konstitusional

Abstract

This study examines the constitutionality of Article 47 paragraphs (1) and (3) of Law Number 3 of 2025 concerning the Amendment to Law Number 34 of 2004 on the Indonesian National Armed Forces (TNI Law), which permits active military personnel to occupy positions in certain civilian ministries and agencies without first resigning or retiring from active service. These provisions are tested against Article 30 paragraph (2) of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945), which stipulates that national defense and security efforts shall be implemented through a people's total defense and security system (Sishankamrata), with the TNI as the primary force and the people as supporting forces. The research employs a normative legal method with conceptual and statutory approaches. Constitutional analysis is conducted through Philip Bobbitt's six modalities of constitutional argument: textual, historical, structural, doctrinal, prudential, and ethical. The results indicate that Article 47 paragraphs (1) and (3) of the TNI Law potentially threatens the principle of civilian supremacy, weakens institutional boundaries between the military and civilian spheres, and contradicts the constitutional spirit embodied in Article 30 paragraph (2) of the 1945 Constitution. From the petitioner's perspective, these provisions should be declared unconstitutional or at minimum subjected to strict limitations.