<![CDATA[The background of this study is the enactment of Law Number 3 of 2025 concerning the Indonesian National Armed Forces (TNI), which provides an opportunity for active TNI personnel to occupy certain positions within the State Civil Apparatus (ASN), supported by Law Number 20 of 2023 concerning the State Civil Apparatus. This study aims to analyze the regulation of TNI personnel under the 1945 Constitution of the Republic of Indonesia and the legal implications of the presence of TNI personnel in certain ASN positions for the guarantee of civil liberties. This study employs a normative legal research method using statutory, conceptual, and historical approaches. Legal materials were obtained through library research supported by interviews with the Commission for Missing Persons and Victims of Violence. The results indicate that the position of the TNI within Indonesia’s constitutional system is regulated under Article 30 paragraph (3) of the 1945 Constitution as an instrument of national defense. The presence of TNI personnel in certain ASN positions has implications for the potential occurrence of dual loyalty, weakening of civilian supremacy, disruption of the ASN merit system, and potential restrictions on civil liberties. Therefore, the appointment of active TNI personnel to civilian positions must consider the principles of the rule of law, democracy, and civilian supremacy. This study concludes that the involvement of the TNI in certain ASN positions may be unconstitutional if it obscures the position of the TNI as an instrument of national defense and expands its role into the civilian sphere.]]>
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