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PROBLEMATIKA FORMIL DAN MATERIIL UNDANG-UNDANG NOMOR 3 TAHUN 2025 TENTANG TENTARA NASIONAL INDONESIA
The enactment of Law Number 3 of 2025 concerning the Indonesian National Armed Forces (Tentara Nasional Indonesia/TNI) has generated juridical and conceptual debates, particularly regarding the expansion of civilian positions accessible to active military personnel, the political configuration underlying its formation, and its implications for the principles of civilian supremacy and the rule of law. From the perspective of legislative theory, the process of law-making must comply with the principles of proper statutory formation as regulated under Law Number 13 of 2022, including transparency, meaningful public participation, and conformity between type, hierarchy, and substance of legislation. From the standpoint of Islamic legal thought, public policy should align with the principle of maṣlaḥah mursalah as an instrument of ijtihād aimed at safeguarding public interest and preventing harm. This research therefore seeks to assess whether the formation of the law fulfills formal juridical standards while also reflecting an orientation toward public welfare. This study employs a normative juridical method with a descriptive-analytical character. It applies statutory and conceptual approaches to examine relevant legal norms and doctrines. Primary sources include the 1945 Constitution of the Republic of Indonesia, Law Number 3 of 2025 concerning the TNI, and related regulations, while secondary sources consist of scholarly books, academic journals, and other relevant literature. The analysis is conducted systematically by evaluating positive legal norms through the framework of legislative theory and the concept of maṣlaḥah mursalah. The findings indicate that the formation of Law Number 3 of 2025 contains both formal and substantive problems, particularly regarding limited public participation and potential disharmony with the principle of civilian supremacy. From a legislative perspective, there are indications of inconsistency with the principles of openness and prudence in law-making. In terms of maṣlaḥah mursalah, the policy has not fully embodied comprehensive public welfare, as it may create imbalances in civil–military relations. Normative evaluation is therefore necessary to ensure alignment with the rule of law, democratic values, and the broader public interest.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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