Formal Test of the TNI Law: Citizen Lawsuit and the Future of Democracy

Arhammul Ummah, S.H

Contributor

02 Jul 2025 · 15:27 02 July 2025 15:27 WIB 4 minutes reading time: 4 minutes 72 read

The formal judicial review of the TNI Law revision highlights the lack of public participation in the legislative process.

Formal Test of the TNI Law: Citizen Lawsuit and the Future of Democracy

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Table of Contents

Introduction
Refuting the 'Legal Standing' Argument: The Right to Sue Belongs to All Citizens
The Illusion of Public Participation: When Openness is Only a Empty Procedure
Maintaining the Rails of Democracy: The Urgency of Formal Review and Provisional Decisions
Who Owns This Republic? The Stakes of Democracy Behind the Lawsuit Against the TNI Law

Section 3/3: Maintaining the Rails of Democracy: The Urgency of Formal Review and Provisional…

Maintaining the Rails of Democracy: The Urgency of Formal Review and Provisional Decisions

It is important to emphasize that the formal review of the TNI Law is not a form of hostility towards the military. On the contrary, this is an effort to ensure that the TNI remains within the corridor of professionalism and is subject to civil-democratic control. The TNI is a powerful institution that holds weapons in the name of the state; therefore, its regulation must involve the public as widely as possible.

It is in this context that the applicant's request for a provision (suspension of the law's enactment) becomes very urgent. The Court has granted similar requests in other cases. If a law that is allegedly procedurally flawed is allowed to remain in effect, then every day the Court allows potential constitutional violations to continue. The Court must act proactively as the guardian of the constitution.

Who Owns This Republic? The Stakes of Democracy Behind the Lawsuit Against the TNI Law

Ultimately, this lawsuit touches on the most fundamental question: who really owns this republic?

When the state declares that ordinary citizens have no right to challenge such an important law, they are implying that this republic belongs only to the elite. However, the Constitution has never recognized classes in public participation. The right to speak, criticize, and sue belongs to all citizens, whether in uniform or not.

It is precisely ordinary citizens who are the main foundation of democracy. And when that foundation is threatened by laws that are formed hastily and in secret, then speaking out is an obligation.