The Constitutionality of the 2025 Indonesian National Armed Forces Law from the Perspective of the Rule of Law and Democracy

Abstract

The enactment of Law Number 3 of 2025 concerning the Indonesian National Armed Forces has generated considerable controversy, as it has been regarded as potentially inconsistent with the principles of the rule of law and democracy. Furthermore, the legislative process did not fully satisfy the three essential elements of meaningful participation. The amendment to Article 47, which expands the number of civilian positions that may be occupied by active military personnel to fourteen positions, has also raised concerns regarding the potential re-emergence of the Dual Function of the Armed Forces (Dwifungsi ABRI) doctrine. Accordingly, this study aims to examine whether the enactment of Law Number 3 of 2025 concerning the Indonesian National Armed Forces complies with the principles of proper law-making and whether the substance of Article 47 is consistent with the principles of the rule of law and democratic governance in the post-Reform era. This study employs normative legal research using statutory, conceptual, and historical approaches. The findings indicate that the legislative process was inconsistent with the Law on the Formation of Laws and Regulations and the principle of meaningful participation and was not fully aligned with the objectives of the 1998 Reform of the Indonesian National Armed Forces. Therefore, a comprehensive evaluation of the legislative process undertaken by the Government is necessary to ensure that the formation and implementation of the law remain consistent with the principles of the rule of law, democratic governance, meaningful public participation, and the objectives of military reform.