Not Just Taking to the Streets, Student Activism Shines Brighter from the Constitutional Court Building

In recent weeks, demonstrations rejecting the revision of the Indonesian National Armed Forces Law or TNI Law, which have led to conflicts and violence, have dominated various media platforms, both mainstream media and social media. Students in various cities have taken to the streets, including in Bandung, Malang, Jakarta, and Yogyakarta.

They called for the cessation of discussions on the revision of the TNI Law. However, as their voices were not heeded and the revision of the TNI Law was still approved and enacted into law by the DPR on March 20, they are now demanding that the revised TNI Law, which is feared to revive the dual function of the TNI as seen during the New Order era, be repealed.

Not only by taking to the streets, some students chose the legal route through a constitutional review or testing the constitutionality of the process of forming the TNI Law (revised) to the Constitutional Court (MK). They want to prove that the TNI Law (revised) is formally flawed because the procedure for its formation is not in accordance with the mandate of the constitution and the Constitutional Court's decision.

At least this was carried out by seven students from the Faculty of Law, University of Indonesia (FH UI) as applicants for the formal review and two other FH UI students as representatives in submitting the request. They all proceeded to the Constitutional Court (MK) without being accompanied by professional lawyers. Their lecturers provided remote support while also serving as discussion partners.

In addition, several students from UIN Sunan Ampel Surabaya have also filed a formal and material review of the revised TNI Law with the Constitutional Court (MK). The registration for the review of the TNI Law was carried out on March 27, 2024. Beyond that, the Civil Society Coalition for Security Sector Reform also plans to challenge the revision of the TNI Law at the Constitutional Court in the near future.

Not only questioning the revision, the process of discussing the revision of the TNI Law is believed to violate a number of provisions in the Law on the Formation of Legislation (UU P3) and also the Constitutional Court's decision regarding the fulfillment of meaningful full participation. Several students have also questioned the provisions in the P3 Law which are open to multiple interpretations, thus contributing to the deviation of the application of "meaningful full participation" as desired by the Constitutional Court itself.

For example, testing conducted by several students from the Faculty of Law at the University of Indonesia in collaboration with students from the Faculty of Law at Gadjah Mada University and the Faculty of Law at the Islamic University of Indonesia in examining Article 96 Paragraph (8) of the P3 Law. In this petition, the undergraduate and postgraduate students questioned the absence of an obligation for lawmakers to explain the results of discussions on public input regarding a draft law.

Although they did not directly examine the Military Law (UU TNI), the students used the recent revision of the Military Law, which was approved and enacted by the legislature (DPR) and the government, as an example of a legislative revision process deemed to violate the principles of transparency and the public's right to access information guaranteed by the constitution.

At present, there are at least nine petitions submitted by students of the Faculty of Law, most of whom are constitutional law program students. In addition to the TNI Law and the P3 Law, the petitions for judicial review are related to the MPR, DPR, DPD, and DPRD (MD3) Law, the State-Owned Enterprises (BUMN) Law, the State Ministry Law, the Constitutional Court (MK) Law, as well as the Electronic Information and Transactions (ITE) Law.

The substance of the dispute includes the DPR's supervisory function, the political party's right to recall members of the DPR, the dual position of minister with the general chair of a political party and a BUMN official, and the quota for female judges.

The Constitutional Court itself in its decisions provides a lot of legal standing or legal standing for students to question the norms of a law. The Constitutional Court also grants quite a lot of requests submitted by these students.

The decision that caused quite a stir in the republic and determined the course of this nation was when the Constitutional Court granted the petition for judicial review of the age requirements for presidential/vice presidential candidates in the Election Law. Of the dozens of similar petitions, the Constitutional Court granted the petition filed by a student at the University of Surakarta at that time, Almas Tsaqibirru Re A, in decision Number 90/PUU-XXI/2023. With this decision, the eldest son of President Joko Widodo at that time, Gibran Rakabuming Raka, was able to run for vice president.

The ruling was followed by an ethics report to the then Chief Justice of the Constitutional Court, Anwar Usman, to the Constitutional Court's Honorary Council chaired by former Chief Justice Jimly Asshiddiqie. Anwar was then removed from his position as chairman.

Meanwhile, decision No. 90/2023 continues to apply, then an explanation was given with decision No. 141/PUU-XXI/2023 submitted by students of the Faculty of Law, Nahdlatul Ulama University of Indonesia.

In decision No. 90/2023, the Constitutional Court stated that the minimum age requirement for presidential/vice presidential candidates is 40 years or has/is currently holding a position elected through general elections including regional head elections. In decision No. 141/2023, the Constitutional Court left it up to the legislators to align the minimum age requirement of 40 years with state officials or state administrators (public officials), including alternatively with positions from the results of elections (elected officials).

However, the Constitutional Court in its decision stated that, although there is no position that is equivalent to the position of president, at least a position must be sought whose level is not far from the position of president that comes from the results of the election, for example the position of governor.

Still related to the election, the Constitutional Court also set a new milestone in the presidential election by eliminating the presidential/vice presidential nomination threshold. Referring to Law No. 7/2017, presidential/vice presidential candidates can only be nominated by political parties and coalitions of political parties that have at least 20 percent of the number of DPR seats or obtained 25 percent of the national valid votes in the previous legislative election.

The Constitutional Court then granted the petition filed by four UIN Sunan Kalijaga students, namely Enika Maya Oktavia, Rizki Maulana Syafei, Faisal Nasirul Haq, and Tsalis Khoirul Fatna. This decision became a new year's gift from the Constitutional Court considering that the decision was read on the first day of work in 2025, namely January 2.

A week ago, on March 21, 2025, the Constitutional Court again granted the petition submitted by three students of the Faculty of Sharia and Law, UIN Sayyid Ali Rahmatullah, Tulungagung, East Java, namely Adam Imam Hamdana, Wianda Julita Maharani, and Adinia Ulva Maharani.

The three questioned the large number of elected legislators who then resigned to participate in regional head contests. In its ruling, the Constitutional Court prohibited similar practices and emphasized that the resignation of elected members of parliament can only be done if it is to carry out state duties such as becoming a minister, ambassador, or similar official.

University of Indonesia election law expert, Titi Anggraini, in a discussion with Kompas some time ago also noted that currently many applicants for judicial review of laws to the Constitutional Court come from students and not a few are granted. She sees this as a very good development.

"This means that the law is still accessible to all groups and classes. That the rule of law or the rule of law still works for every citizen equally. The courts are still a way to seek justice and realize a constitutional democratic state," said Titi.

For the female election activist, it provides a breath of fresh air. At a time when political culture is in deficit, legal culture is growing among young people and students.

In the midst of such a political situation, the steps taken by the law students have finally given rise to a glimmer of hope. "As long as it is supported by the inclusiveness and progressiveness of the Constitutional Court," he added.

For Titi, students are citizens who must be treated equally with other citizens. The Constitutional Court's decision, which has so far been accommodating to the legal standing of students (as applicants for constitutionality testing), is very important in maintaining the culture of legal awareness that is rapidly developing among students.

From the perspective of higher legal education in Indonesia, it shows that law campuses are starting to contribute directly with measurable results to the development of democracy. In relation to this, campus academics must also develop. Not only research and teaching, academics must also be friends for their students' activism.

Why is it important? Because, they are the hope of the people and the nation. On their shoulders, the future of this country is entrusted.