Problematika Rangkap Jabatan Anggota TNI Aktif Dalam Menduduki Jabatan Sipil

Abstract

The main duties of the TNI have been regulated in Article 7 paragraph 1 of Law Number 34 of 2004 concerning the Indonesian National Army. However, currently many active TNI members are found not only serving in their units but also actively involved in civil government positions which are suspected of being contrary to applicable laws and regulations. The problems in this study are how is the legality of Active TNI members who occupy civilian positions based on Law Number 34 of 2004 concerning the Indonesian National Army, and how are the problematic of dual positions of Active TNI members who occupy civilian positions. This research is a normative legal research. The results of the study show that the legality of active TNI members in occupying civilian positions has been regulated in Law Number 34 of 2004 concerning the Indonesian National Army and the Draft Law on Amendments to Law Number 34 of 2004 concerning the Indonesian National Army in 2025. The appointment of active TNI soldiers to civilian positions does not have to be a problem as long as it does not violate the provisions of applicable laws and regulations. This will certainly fulfill the principle of justice where the TNI has an important role in the process of independence of this country so that it is very appropriate to be given space to participate in determining the direction of national development. In addition, the TNI also has many superior human resources and can be utilized according to their competencies.