Konstitusionalitas dan Tinjauan Filosofis atas Larangan Hijab di Universitas Pertahanan: Dialektika Hak Beragama dan Keseragaman Militer

Abstract

The resignation of an accepted female cadet candidate at the Indonesia Defense University in August 2026 exposed a fundamental juridical friction between internal militaristic discipline and the constitutional guarantee of religious freedom. Employing statutory, conceptual, and factual precedent approaches, this normative juridical study examines the validity of the new student admission mechanism to assess the alignment of the uniform uniformity doctrine with the 1945 Constitution of the Republic of Indonesia. The findings demonstrate that the exclusion of religious attire in the field operated within a positive legal vacuum: Rector Regulation Number 28 of 2025 does not textually prohibit head coverings, rendering the selection committee's actions an oral discretion that infringes upon the principles of legality and legal certainty. Evaluated under the parameters of Article 28J Paragraph (2) of the 1945 Constitution and John Rawls's theory of justice, this intervention into the forum externum loses legitimacy because limitations on fundamental rights are valid only when enacted through formal statutory law, not campus administrative instruments. The policy also fails the proportionality test by disregarding the least restrictive means. The legalization of service hijabs within the TNI and Polri proves that military standardization does not necessitate absolute uniformity that denies religious manifestation. The Minister of Defense, alongside the Rector of the Indonesia Defense University, bears a juridical obligation to formally revise cadet conduct regulations and establish technical specifications for field service hijabs prior to the 2027 academic admission cycle, thereby halting selection maladministration without compromising national defense readiness.