pdf Human Rights (HR) Perspective on Members of the Indonesian National Armed Forces (TNI) Regarding the Prohibition on Engaging in Business Activities under Article 39 Point 3 of Law Number 34 of 2004 concerning the Indonesian National Armed Forces

Abstract

Soldiers of the Indonesian National Armed Forces are citizens who possess human rights, including the right to economic development and preparation for retirement. However, Article 39 point 3 of Law Number 34 of 2004 concerning the Indonesian National Armed Forces prohibits soldiers from engaging in business activities, without providing clear boundaries or exceptions. This prohibition raises concerns regarding the fulfillment of individual rights, particularly in the context of post-service welfare. This study aims to examine the provision from a human rights perspective. The method used is normative juridical with a statutory approach. The results show that the regulation has not fully accommodated the economic rights of soldiers as individuals. Therefore, a more proportional legal framework is needed so that the prohibition does not neglect the human dimension of military personnel.