Implementasi Undang-Undang Nomor 3 Tahun 2025 Tentang TNI Terhadap Prajurit TNI Yang Menduduki Jabatan Sipil Perspektif Siyāsah Dustūriyyah

Abstract

This study analyzes the systemic pattern of active Indonesian National Armed Forces (TNI) personnel occupying civilian positions outside the limitative provisions of Article 47 paragraph (1) of Law Number 3 of 2025 on the TNI, examined through the perspective of siyāsah dustūriyyah. The phenomenon extends beyond the widely publicized case of Major General Novi Helmy Prasetya at Perum Bulog to numerous active officers serving in ministries and state-owned enterprises (BUMN) not listed in Article 47(1), including Major General Maryono as Inspector General of the Ministry of Transportation, Major General Irham Waroihan at the Ministry of Agriculture, and General Maruli Simanjuntak as Commissioner of PT Pindad. This research employs a normative juridical method with statutory, case, and conceptual approaches. The findings reveal that such placements, based on Presidential Decrees and TNI Commander Decrees, violate the principle of lex superior derogat legi inferiori, as these instruments are subordinate to and conflict with the higher-ranking Law. From a siyāsah dustūriyyah perspective, this systemic pattern violates the principles of amanah, 'adalah, mashlahat, and mas'uliyyah. The study concludes that what is occurring constitutes systemic non-enforcement requiring legislative clarification, strengthened oversight, and firm political commitment to civilian supremacy.