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All Journal Journal Customary Law
Syamsul Jahidin
Borobudur University, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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Reconstruction of the Regulations Prohibiting Dual Positions for TNI Soldiers in Civilian Positions as an Effort to Strengthen the Supremacy of Law and Military Professionalism Syamsul Jahidin; Lucky Ferdiles
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5833

Abstract

This study aims to analyze and reconstruct the regulation prohibiting dual positions for TNI soldiers in civilian positions as an effort to strengthen the rule of law and military professionalism in the Indonesian state system. The study employs a normative juridical method, combining a statutory and conceptual approach, by examining Law Number 34 of 2004 concerning the Indonesian National Armed Forces, the 1945 Constitution of the Republic of Indonesia, and other related regulations. The results of the study indicate that, normatively, the dual position prohibition has been firmly regulated, particularly in Article 39, letter c. However, in practice, a gap exists between norms and implementation due to unclear regulations, multiple interpretations of provisions on assignments outside the TNI structure, and weak supervision and sanctions. This condition has an impact on weakening the principles of the rule of law, civilian supremacy, and military professionalism. Therefore, the reconstruction of legal regulations is needed through the affirmation of the prohibition norm in a limited manner, strengthening the oversight mechanism, and harmonizing laws and regulations to ensure legal certainty and prevent abuse of authority. This study offers a model of legal reform that is not only normative but also implementative in strengthening democratic civil-military relations.
Co-Authors Lucky Ferdiles