JAKARTA - The Constitutional Court (MK) granted the request for the withdrawal of Case Number 97/PUU-XXI/2023 regarding the judicial review of Article 53 of Law (UU) Number 34 of 2004 concerning the Indonesian National Army (TNI), which is related to the retirement age of TNI soldiers.
"Granted the withdrawal of the petitioners' petition. Stated that the application in Case Number 97/PUU-XXI/2023 regarding the request for testing Law Number 34 of 2004 concerning the TNI against the 1945 Constitution of the Republic of Indonesia was withdrawn," said Chief Justice of the Constitutional Court Suhartoyo reading the verdict in a hearing reported by ANTARA, Thursday, December 21.
Suhartoyo explained that the petition for withdrawal was submitted by the applicants through his attorney with a letter dated December 7, 2023. In essence, the applicant withdrew the application on the grounds that he submitted the process of changing the article to the legislator.
"To follow up on the letter of request for withdrawal, the court held a trial on December 13, 2023 with an agenda for confirming the withdrawal of the application. In the trial, the panel of judges clarified the matter of the withdrawal and the attorneys of the petitioners confirmed the withdrawal of their application," Suhartoyo said.
Based on Article 35 paragraphs (1) and (2) of the Constitutional Court Law, continued Suhartoyo, applicants can withdraw the application before or during the Constitutional Court examination. The withdrawal resulted in the application not being re-submitted.
The Constitutional Court concluded that the withdrawal or withdrawal of the application for Case Number 97/PUU-XXI/2023 was legally reasonable. Therefore, the applicants cannot re-submit their applications.
"Declare that the applicants cannot re-submit the a quo application," said the Chief Justice of the Constitutional Court.
Case Number 97/PUU-XXI/2023 was submitted by the Head of the Legal Development Agency (Kababinkum) TNI Rear Admiral TNI Kresno Buntoro, Colonel Chk TNI Sumaryo, Chief Sergeant of the TNI Suwardi, Colonel (Ret.) Lasman Nahapuh, Colonel (Ret.) Eko Haryanto, Second Lieutenant (Ret.) Sumanto, and Brigadier General Marwan Suliandi.
They asked for the retirement age of TNI soldiers to be changed to a maximum of 60 years for officers and 58 years for non-commissioned and non-commissioned officers or can be extended to the age of 60 years for all officers in the military service as long as the state still needs.
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