Unpad and Batam Students Challenge TNI Law in Constitutional Court

April 29, 2025 | 04:46 pm

TEMPO.CO, Jakarta - Several law students from Padjadjaran University (Unpad) have formally requested a judicial review of Law Number 3 of 2025 concerning Amendments to Law Number 34 of 2004 regarding the Indonesian Military or TNI Law with the Constitutional Court. Their application has been registered under number 73/PUU/PAN.MK/AP3/04/2025.

The application was submitted by Moch Rasyid Gumilar, Kartika Eka Pertiwi, Muhammad Akmal Abdullah, Fadhil Wirdiyan Ihsan, and Riyan Fernando. They planned to submit the application documents and supplementary evidence on Tuesday, April 29, 2025, at the Constitutional Court building.

"We are filing this formal review request as a form of our academic responsibility as law faculty students," stated Moch Rasyid Gumilar, quoted on Tuesday, April 29, 2025. "We want to ensure that the legislative process adheres to the procedures and mechanisms stipulated in the 1945 Constitution and prevailing laws."

They expressed hope that this action will foster legislative accountability in Indonesia and create opportunities for public participation in the lawmaking process.

Separately, six students from Batam will also file a material review of Law Number 3 of 2025 concerning Amendments to Law Number 34 of 2004 regarding the Indonesian National Military with the Constitutional Court. The applicants are Hidayatuddin, Respati Hadinata, and their legal representatives: Risky Kurniawan, Albert Ola Masan Setiawan Muda, Jamaludin Lobang, and Otniel Raja Maruli Situmorang. This step follows a demonstration and a meeting with members of the House of Representatives during a recess.

Risky Kurniawan from Student for Judicial Review (SJR) reported that they have received Applicant Filing Deed Number 68/PUU/PAN.MK/AP3/04/2025 and Constitutional Case Registration Deed Number 58/PUU/PAN.MK/ARPK/04/2025. He noted that the Court will set the date for the initial hearing within a maximum of 14 working days from the application's registration date, in accordance with Constitutional Court Regulation Number 2 of 2021.

"Based on Constitutional Court Regulation Number 2 of 2021 concerning Procedures in Testing Laws, the Court will schedule the first trial within a maximum of 14 working days from the date the application is recorded in e-BRPK, and the Applicants will be notified accordingly," Risky said, quoted on Tuesday, April 29, 2025.

Aside from seeking a declaration from the Court that Law Number 3 of 2025 concerning Amendments to Law Number 34 of 2004 regarding the Indonesian Military is unconstitutional, the applicants are also demanding compensation of Rp50 billion from the House of Representatives, Rp25 billion from the President, and Rp5 billion from the Legislative Body of the House of Representatives, to be paid to the state treasury.

Additionally, they are requesting daily penalty fines (dwangsom) for non-implementation of the Constitutional Court's decision, amounting to Rp25 billion for the House of Representatives, Rp12.5 billion for the President, and Rp2.5 billion for the Legislative Body of the House of Representatives.

The 21-year-old students anticipate that the initial hearing will take place around May 8 or 9, 2025. They will travel to Jakarta together at their own expense, without financial support from their universities or the government.

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