Coordinating Minister Yusril: Military Judiciary Law Must Be Revised
Coordinating Minister for Law, Human Rights, Immigration, and Correctional Services Yusril Ihza Mahendra believes that Law No. 31 of 1997, or the Military Judiciary Law, needs to be revised. Yusril expressed this in response to developments in the attempted murder case involving the sulphuric acid attack on human rights activist Andrie Yunus by members of the Indonesian National Armed Forces (TNI).
“Yes, I think the law really needs to be changed. Actually, it should have been amended since 2004 with the enactment of the TNI Law. But up to now, it hasn’t been changed,” Yusril said at the Presidential Palace in Jakarta on Monday, 27 April 2026.
The Military Judiciary Law, enacted nearly three decades ago, remains in effect today, even though the TNI Law, originally passed in 2004, underwent amendments last year. Yusril also recalled his involvement in drafting the TNI Law in 2004.
He stated that jurisdiction could be determined based on the type of criminal offence. If a TNI member commits a general criminal offence, they would be tried in a general court. Conversely, if a soldier commits a military criminal offence, they would be tried in a military court.
He explained that if a TNI member commits a general criminal offence, they would be tried in a general court. Similarly, if they commit an offence in a military context, they would be tried in a military court.
According to Yusril, this mechanism could apply if the Military Judiciary Law is revised. “And up to now, it hasn’t been changed. I drafted that law in 2004. So my successors haven’t continued the work until now, when we’re facing the Yunus case,” he said.
Yusril acknowledged that the issue involves three applicable laws: the Military Judiciary Law, the TNI Law, and the Criminal Procedure Code (KUHAP). These three legal products regulate criminal offences in different ways.
“So until it’s not amended or until someone proposes it to the Constitutional Court, the provisions of the Military Judiciary Law apply. The military court does not look at the type of offence committed, nor at the harm to which party, military or civilian, but only at the subject,” Yusril said.
Andrie Yunus, Deputy Coordinator for External Affairs of the Commission for the Disappeared and Victims of Violence (KontraS), was doused with sulphuric acid by two unidentified individuals on Thursday night, 12 March 2026, at around 23:37 WIB on Jalan Salemba I Talang, Central Jakarta.
He then received treatment at the Emergency Installation (IGD) of Cipto Mangunkusumo Hospital (RSCM) in the early hours of Friday, 13 March 2026, at around 00:00 WIB, complaining of burns to his face, neck, chest, back, and both arms, accompanied by vision impairment in his right eye. He suffered burns to more than 20 percent of his body.
The initial investigation was conducted by the Jakarta Metropolitan Police (Polda Metro Jaya). The police initially identified two suspects by initials. However, the TNI Military Police Centre then arrested four suspects who are members of the Strategic Intelligence Agency.
The case has entered a new phase. The trial for the sulphuric acid attack on Andrie Yunus is set to commence today, Wednesday, 29 April 2026, at the Military Court II-08 Jakarta.
According to the case information system (SIPP), the case is registered under number 70-K/PM.II-08/AL/IV/2026. The list of the four defendants includes Sergeant Two (Marine) Edi Sudarko; First Lieutenant (Marine) Budhi Hariyanto Widhi Cahyono; Captain (Marine) Nandala Dwi Prasetya; and First Lieutenant (Quick Reaction Force) Sami Lakka.
Regarding Andrie’s case, Minister Yusril stated that connected jurisdiction can only be applied if there are civilian suspects. However, according to him, all the perpetrators of the attack on Andrie who have been uncovered so far are from the military.
“Well, I said the police should investigate whether there is truly civilian involvement. Meanwhile, the process has proceeded to court. Because the process is already underway, there is no connection so far,” Yusril said.
Yusril emphasised that connected jurisdiction depends on the perpetrators. If the perpetrators are suspected to be from civilian and military elements, the criminal offence can be tried in a connected court. “If it’s only civilians or only military, it’s not relevant to talk about connection,” Yusril stated.