The New Dual Role of the Military: The Indonesian National Armed Forces in Civilian Positions and the Threat to Constitutional Democracy

Abstract

The involvement of active Indonesian National Armed Forces (Tentara Nasional Indonesia/TNI) personnel in civilian positions constitutes a fundamental constitutional issue within the context of constitutional democracy. This normative legal research examines three central issues: the constitutional legitimacy of appointing active TNI personnel to civilian positions, the compatibility of Article 47 of Law Number 3 of 2025 concerning the TNI with the 1945 Constitution of the Republic of Indonesia, and its legal and constitutional implications. Through statutory, conceptual, and case approaches, this study finds that the expansion of civilian roles for active TNI personnel as regulated under Article 47 has the potential to be unconstitutional because it contradicts Article 30 paragraph (3) of the 1945 Constitution, which limits the functions of the TNI to the defense sector. Furthermore, this practice conflicts with the principles of civilian supremacy, popular sovereignty, the rule of law, and the merit system mandated under Law Number 20 of 2023 concerning the State Civil Apparatus (Aparatur Sipil Negara/ASN). The findings indicate that although Article 47 paragraph (1) provides limited exceptions, in practice, TNI personnel have been placed in positions beyond the scope of these exceptions, thereby threatening democratic consolidation and potentially reviving the concept of dual functions (dwifungsi) in a new form with stronger legal-formal justification. This study recommends conducting a constitutional review of Article 47, strengthening civilian oversight mechanisms, and ensuring consistent harmonization between the TNI Law, the ASN Law, and the 1945 Constitution to safeguard the principles of constitutional democracy in Indonesia.