Applying military law<\/p>\n
We have been forced to pay attention to an alleged bribery
\ncase involving ex-Attorney General Andi M. Ghalib. As we all
\nknow, Ghalib is a military man, and most people think that his
\ncase will not be brought to court.<\/p>\n
The people might wonder whether our law is applicable to the
\nmilitary. Or whether the law is only applicable to civilians.
\nSo people should be informed about this matter. To the best of my
\nknowledge, a military man is subject to two kinds of laws: the
\nmilitary criminal law and the military disciplinary law. In
\naddition, a military member is also subject to the penal code.
\nWhen a member of the military violates any of these three laws,
\nthe case can be handled in two ways. First, the case will be
\nbrought to court. Second, the case will be settled through
\ndisciplinary law. The power to decide which law to apply lies in
\nthe hands of the commander of the Indonesian Military, under Act
\n31\/1997 concerning the law of military judicial proceedings.<\/p>\n
Therefore, if the commander decides not to bring a criminal
\ncase committed by a military person to court, the move is legally
\njustified. With respect to Ghalib's case, there is a possibility
\nthat the commander can use such a power. Then people have to
\nrespect it. In order to use or not to use the power, the
\ncommander should base his action on foresight, good judgment and
\nwisdom. Otherwise, the people may view the military in a negative
\nlight, its credibility may be ruined, and more importantly it
\nwill signal that the democratic life of the nation is at stake.<\/p>\n
ISMET SUKARDI<\/p>\n
Jakarta<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/applying-military-law-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }