The Constitutional Court Holds A Trial For The Priority Of The TNI Retirement Age Material Test To 60 Years

Screenshot - Viktor Santoso Tandiasa (two right) as the attorney of the petitioners

JAKARTA - The Constitutional Court (MK) held a preliminary examination of the judicial review of Law (UU) Number 34 of 2004 concerning the Indonesian National Army (TNI), which is related to the retirement age of TNI soldiers.

"Today's agenda is a preliminary examination, as is the applicable procedural law in the Constitutional Court. Applicants through their attorneys are welcome to convey the main points of the petition," said Chief Justice of the Constitutional Court Anwar Usman opening the Case Session Number 97/PUU-XXI/2023 as reported by ANTARA, Thursday, September 7.

The attorneys for the petitioners, Viktor Santoso Tandiasa, then explained the main petition. He said that his client submitted a judicial review of Article 53 of the TNI Law against the 1945 Constitution of the Republic of Indonesia (UUD 1945).

"We tested Article 53 of the TNI Law on the 1945 Constitution which reads 'Privates carry out army services up to the age of 58 years for officers, and 53 years for non-commissioned and non-commissioned officers'," said Viktor.

Viktor said that applicant I, Rear Admiral TNI Kresno Buntoro, currently serves as Head of the TNI Legal Development Agency and is 56 years old and will be honorably dismissed at the age of 58. Article 53 of the TNI Law is considered detrimental to applicant I because the person concerned is still healthy and productive in carrying out military duties.

"So that applicant I did not get the opportunity to continue serving and carrying out military duties until the age of 60 years," said Viktor.

Then, applicant II Colonel Chk TNI Sumaryo and Petitioner III Chief Sergeant TNI Suwardi, will each be honorably dismissed at the age of 58 years and 53 years.

"Perpetrator II is a TNI soldier with the rank of colonel. Petitioner III is also an active TNI soldier with the rank of chief Sergeant," said Viktor.

According to Viktor, this condition is detrimental to the constitutional rights of applicant II and applicant III because there is no just legal certainty and equality before the law.

Viktor said that the Constitutional Court's Decision Number 62/PUU-XIX/2021 had actually mandated that there should be a change in the retirement age limit in the not too distant future. However, the amendment to the TNI Law has not yet been included in the priority national legislation program in 2023.

Furthermore, Viktor mentioned applicant IV Colonel TNI (Ret.) Lasman Nahapuh, applicant V Colonel TNI (Ret.) Eko Haryanto, and applicant VI Lieutenant Dua TNI (Ret.) Sumanto were also harmed by their constitutional rights.

According to him, the applicant IV, V, and VI who had the status of retired TNI officers suffered losses with the norm of Article 53 of the TNI Law, because the applicant still had a healthy physical condition and was able to carry out the duties of the army.

"Regarding the losses suffered by applicants IV, V, and VI, when viewed physically, they are still in a very healthy category and are still very capable of carrying out the duties of soldiers up to the age of 60 years," said the attorney.

Viktor also considered other laws and regulations that regulate the profession of state servants, such as the National Police, ASN, prosecutors, teachers, lecturers, and judges. According to him, regulations governing the TNI's retirement age are not commensurate or unequal too far from other state servants.

"It turns out that the retirement age limit reaches 60 years, even reaching a maximum of 70 years, while the age limit for the service period for TNI soldiers as regulated in Article 53 of Law 34 of 2004 is not commensurate or at least unequal is too far away with the terms of retirement age for other state servants," he added.

On that basis, the petitioners in their petitum asked for the retirement age of TNI soldiers to be changed to 60 years; or 60 years for officers and 58 years for non-commissioned and non-commissioned officers; or it can be extended to the age of 60 years for all officers in the military service as long as it is still needed for the benefit of the state.