The plaintiffs asked that the retirement age limit for TNI soldiers be the same as for the Police.
The Constitutional Court (MK) refused to increase the retirement age of TNI soldiers from 58 years to 60 years.
The articles being tested are Article 53 and Article 71 letter a of the TNI Law which reads:
Soldiers carry out military service up to a maximum age of 58 (fifty-eight) years for officers and 53 (fifty-three) years for non-commissioned officers and enlisted men.
"Reject the petitioners' petition in its entirety," said Chief Justice of the Constitutional Court Anwar Usman in a trial broadcast on the Constitutional Court's YouTube, Tuesday, March 29, 2022.
In their decision, the panel of judges of the Constitutional Court concluded that applicants II, III, IV and V did not have the legal standing to file an application. The subject of the petition is also considered unreasonable according to law.
In this decision, four constitutional judges expressed different opinions. They are Aswanto, Suhartoyo, Wahiduddin Adams, and Enny Nurbaningsih.
The lawsuit in question was filed by Euis Kurniasih, a retired TNI soldier; Jerry Indrawan, private employee; Hardiansyah, entrepreneur; Ismail Irwan Marzuki, entrepreneur; Bayu Widiyanto, student; and Musono, retired TNI.
They asked the Court to examine Article 53 and 71 letter a of Law Number 34 of 2004 concerning the TNI. The two articles stipulate the retirement age for TNI officers is 58 years and 53 years for non-commissioned officers and enlisted men.
The plaintiffs asked that the retirement age limit for TNI soldiers be the same as for the Police, given their similar duties and functions. The retirement age for the National Police is 58 years, and 60 years for those who have special skills and are very much needed in police duties.
