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Revision Of The Tni Law And Limitations On Military Involvement In Civil Affairs: The Perspective Of Constitutional Supremacy Ayik Christina Efata; Deny; Johannes Triestanto; Rio Akmal Syahbana; Rusdi Sanmas
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 8 No. 1: Januari 2026
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v8i1.9983

Abstract

The 2025 amendment to the Law on the Indonesian National Armed Forces (TNI Law) represents a significant phase in the evolution of civil–military relations in Indonesia, particularly with regard to the regulation of military involvement in civilian affairs. This article aims to examine the implications of the amended TNI Law for the principles of constitutional supremacy and civilian supremacy within the framework of a democratic state governed by the rule of law. The analysis primarily focuses on provisions concerning the appointment of active-duty military personnel to certain civilian positions and their compatibility with the principle of functional separation between the military domain and civilian governance. This study employs a normative juridical method, utilizing statutory and conceptual approaches, combined with qualitative analysis of legal norms, constitutional doctrines, and scholarly perspectives drawn from national academic journals The findings indicate that while the amendment seeks to normatively adapt the role of the TNI to contemporary security challenges, it simultaneously raises constitutional concerns regarding potential overlaps between civilian and military functions. Although the legislature emphasizes the existence of limitations and civilian oversight mechanisms, the provisions governing civilian positions accessible to active military personnel remain sufficiently broad to allow varied interpretations in practice. Such conditions may generate tension between the demands of national defense effectiveness and the principle of constitutional supremacy, which requires the military to operate under democratic civilian control. Accordingly, the amendment to the TNI Law must be critically assessed to ensure that it does not undermine the security sector reform paradigm established in the post-Reformasi era. This article underscores the importance of normative clarity, strengthened oversight mechanisms, and consistent legal implementation to ensure that military involvement in civilian affairs remains aligned with constitutional mandates and the principles of the rule of law.
Digital Contract Disputes in the FinTech Era: Legal Analysis of Consumer Protection and the Obligations of the Parties Rusdi Sanmas; Markus Suryoutomo; Arliyanda Arliyanda; Johannes Triestanto; Iwan Rasiwan
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 5 No 5 (2026): IJHESS APRIL 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v5i5.2153

Abstract

The rapid development of the Financial Technology (FinTech) industry has significantly transformed the delivery of financial services, including the execution of contracts in electronic form. Digital contracts offer greater efficiency, transparency, and accessibility for the public. However, these practices also present complex legal challenges, particularly regarding consumer protection and the obligations of the parties involved. Many digital contracts still rely on standardized, one-sided clauses that may disadvantage consumers, while FinTech providers often limit their legal liability. Existing regulations, such as Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) and Law No. 8 of 1999 on Consumer Protection (UUPK), provide a normative legal framework to ensure the validity of digital contracts and safeguard consumer rights. Nevertheless, implementation in practice faces obstacles, including issues with verifying electronic signatures, clarity of contractual clauses, and the effectiveness of dispute resolution mechanisms. This study employs a normative juridical approach to analyze disputes in FinTech digital contracts in Indonesia, emphasizing the need for balance between the rights and obligations of all parties. The findings suggest a necessity for regulatory harmonization, improved legal and digital literacy among consumers, and the development of adaptive dispute resolution mechanisms, including faster and more efficient online dispute resolution alternatives. These efforts are expected to enhance legal certainty, foster consumer trust, and reduce the risk of disputes in the continually evolving FinTech landscape.