The Indonesian National Army is an instrument of state defense which has the task of
maintaining state security and maintaining and protecting the integrity and sovereignty
of the Unitary State of the Republic of Indonesia. The Indonesian National Army is
expected to be a guide for all TNI soldiers, especially in acting and behaving both in
the military and in the community. However, in practice, there are still many cases of
TNI soldiers committing disgraceful or disgraceful acts that violate the soldier's oath
and applicable military regulations, one of which is the practice of LGBT. Meanwhile,
LGBT is included in the right to freedom of expression which is protected by Human
Rights. This study was conducted to find out and analyze whether the rules regarding
LGBT within the TNI contradict the right to express thoughts and attitudes contained
in Article 28 E paragraph (2) of the 1945 Constitution. with the right of freedom of
expression of TNI soldiers. In its military law, the Indonesian National Army adheres
to the lex specialis principle which requires soldiers to obey all applicable regulations
and orders