T The appointment of the cabinet secretary in the red and white cabinet originating from an active-duty member of the indonesian national armed forces (tni) raises juridical issues related to the principle of the rule of law and the limitation of civil positions in the post-reform era. law number 34 of 2004 on the tni in principle prohibits active-duty tni personnel from holding civil positions, except for certain positions that must be regulated through a government regulation. the research problem in this study concerns the legal regulation of the appointment of the cabinet secretary by an active-duty tni officer and its conformity with the prevailing laws and regulations. this study employs normative legal research using a statutory and legal principles approach, analyzed qualitatively with deductive reasoning. the results indicate that the regulation concerning the appointment of the cabinet secretary by an active-duty tni officer is not explicitly stipulated in law number 34 of 2004 on the tni; however, it mandates further regulation through a government regulation. furthermore, regulation through a presidential regulation with appointment by presidential decree is not fully consistent with the hierarchy of laws and regulations, thereby creating legal disharmony and weakening the principle of legal certainty.