Legal Analysis of Constitutional Court Decision 56/PUU-XXIII/2025 on the TNI Law

Authors

  • Liana Rahma Triwanda Triwanda Universitas Negeri Surabaya
  • Hananto Widodo Universitas Negeri Surabaya

DOI:

https://doi.org/10.19184/ijls.v7i1.53696

Abstract

This study analyzes Constitutional Court (MK) Decision Number 56/PUU-XXIII/2025, which rejected the formal review petition against the Indonesian National Armed Forces Law (TNI Law). This decision is important because it reaffirms the limits of the Constitutional Court's authority in assessing the formal aspects of legislation, the meaning of public participation, and the application of the principle of legal certainty in the law-making process. Using a normative juridical approach supported by secondary data, this study finds that even the Constitutional Court interprets its authority restrictively, limited only to ensuring administrative compliance with legislative procedures. Nevertheless, there has been criticism from academics and activists who argue that the Constitutional Court should broaden its interpretation of public participation to be more substantive, rather than merely formal. The dissenting opinion of some judges reveals the internal dynamics of the Constitutional Court in balancing the principles of the rule of law with participatory democracy. Legally, this ruling affirms the validity of the TNI Law and strengthens the position of the Constitutional Court as the final interpreter of the constitution. In practical terms, this ruling sets an important precedent for lawmakers to pay more attention to the principles of transparency, accountability, and public participation in the legislative process, particularly in the defense sector. Thus, this study confirms that Constitutional Court Decision No. 56/PUU-XXIII/2025 not only has an impact on the legal status of the TNI Law, but also shapes a new direction in legislative practice and civil-military relations in Indonesia

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Published

2026-07-12