Are TNI Soldiers Really Punished More Severely? Understanding Sanctions in Military Justice

In theory, a soldier who commits a general criminal offence faces potentially more complex penalties than a civilian. In addition to imprisonment as provided in the Penal Code, military personnel can also be subjected to additional sanctions including dismissal from service and demotion. However, the practice of military justice has drawn criticism for often producing light verdicts and limited accountability, especially in cases involving civilian victims. Albert Aries, a lecturer in Military Criminal Law at the Faculty of Law of Trisakti University, said that normatively, soldiers who commit general criminal offences still refer to the core criminal provisions in the National Penal Code. “For soldiers who commit general criminal offences, the core penalty will actually refer to Article 65(1) of the National Penal Code in accordance with the offence charged by the Prosecutor,” he told Kompas.com, on Thursday 22 May 2026. However, according to Albert, there are differences in the types of additional penalties that can be imposed on soldiers. Unlike civilians, military personnel can be subjected to administrative-organisational sanctions that affect their status and career within the institution. This was conveyed by Albert while referring to remarks by Defence Minister Sjafrie Sjamsoeddin in a meeting of Commission I of the DPR, in Senayan, Jakarta, on Tuesday 19 May 2026, which stated that soldiers tried in Military Court could face heavier penalties. “For the additional penalties that can be imposed—for example, dismissal from service or demotion—these will follow the provisions of Article 6(b) of the Military Penal Code. So, what the Minister meant by heavier may be the possibility of imposing additional penalties under the Military Penal Code,” he said. In normative terms, a soldier indeed faces broader consequences than a civilian. In addition to imprisonment, he can also lose the profession or the rank progression that has been built up over many years.