PENGANGKATAN PRAJURIT TNI AKTIF PADA JABATAN SIPIL: UJI KONSTITUSIONALITAS TERHADAP PRINSIP SUPREMASI SIPIL DALAM NEGARA HUKUM DEMOKRATIS

Abstract

The appointment of active Indonesian National Armed Forces (TNI) personnel to civilian offices has reemerged as a critical issue in Indonesia's constitutional and administrative law. The debate arises from the state's need to utilize defense resources in addressing strategic national challenges while, at the same time, the principles of civilian supremacy and the rule of law require limitations on military involvement in civilian governmental affairs. This study examines the legal construction governing the appointment of active military personnel to civilian offices and assesses its constitutionality under the principles of civilian supremacy and democratic rule of law. This research employs a normative legal method using statutory, conceptual, and constitutional approaches. The findings indicate that Article 30 of the 1945 Constitution and Article 47 of Law Number 34 of 2004 concerning the Indonesian National Armed Forces establish clear limitations regarding the primary function of the military as a state defense institution. The appointment of active military personnel to civilian offices should be regarded as an exception, constitutionally justified only when directly related to defense and national security functions, supported by a clear legal basis, implemented proportionally, and subjected to effective civilian oversight. Legal reconstruction is therefore necessary through the strengthening of normative limitations, harmonization with the merit-based civil service system, and enhancement of democratic oversight mechanisms to maintain a balance between state interests and the principle of civilian supremacy within a democratic rule-of-law framework.