Applying military law

We have been forced to pay attention to an alleged bribery case involving ex-Attorney General Andi M. Ghalib. As we all know, Ghalib is a military man, and most people think that his case will not be brought to court.

The people might wonder whether our law is applicable to the military. Or whether the law is only applicable to civilians. So people should be informed about this matter. To the best of my knowledge, a military man is subject to two kinds of laws: the military criminal law and the military disciplinary law. In addition, a military member is also subject to the penal code. When a member of the military violates any of these three laws, the case can be handled in two ways. First, the case will be brought to court. Second, the case will be settled through disciplinary law. The power to decide which law to apply lies in the hands of the commander of the Indonesian Military, under Act 31/1997 concerning the law of military judicial proceedings.

Therefore, if the commander decides not to bring a criminal case committed by a military person to court, the move is legally justified. With respect to Ghalib's case, there is a possibility that the commander can use such a power. Then people have to respect it. In order to use or not to use the power, the commander should base his action on foresight, good judgment and wisdom. Otherwise, the people may view the military in a negative light, its credibility may be ruined, and more importantly it will signal that the democratic life of the nation is at stake.

ISMET SUKARDI

Jakarta