Konstitusionalitas Pengisian Jabatan Sipil Oleh Tentara Nasional Indonesia Aktif

Nabilla, Fhatiyah (2025) Konstitusionalitas Pengisian Jabatan Sipil Oleh Tentara Nasional Indonesia Aktif. Undergraduate Thesis thesis, UIN. K. H. Abdurrahman Wahid Pekalongan.

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Abstract

The phenomenon of the Indonesian National Army Placement (TNI) is still active in the Military Office in civil positions outside the sector listed in Law Number 3 Year 2025 on the Change of Law Number 34 Year 2004 on the Indonesian National Army raises constitutional issues. So, it can potentially propose restrictions between the civil and military sphere and cause overlapping military and civil functions. This study aims to explain the regulations related to civil positioning by the active TNI and explain the implications of the law that can be caused by the charging of the position. This research uses normative legal research methods with legislation approaches to review all relevant legal regulations and conceptual approaches are used to expand legal arrangements thoroughly and systematically. The results of this study show that the Civil Position of TNI is active in the event that it has not been in accordance with the provisions and mechanisms that have been set in the applicable rules. This raises a number of legal implications and causes complex legal issues, the occurrence of legal inconsistencies, legal void against violations of norms, and weakening neutrality in civilian bureaucracy. Accordingly, based on it, it is necessary to increase the supervision of the Civil Purposes by the active army to make the mechanism of the placement run as it should.

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