DPR Reaffirms Military Courts Are Not a Safe Haven for TNI Soldiers
The Indonesian House of Representatives (DPR) has reaffirmed that military courts do not serve as a safe haven for Indonesian National Armed Forces (TNI) soldiers. This statement was made by the DPR during a hearing at the Constitutional Court (MK) regarding the judicial review of Law Number 31 of 1997 concerning Military Justice.
Member of Commission III of the DPR RI, Abdullah, stated that the notion that military courts are immune from the law is not in line with the facts of law enforcement practices within the military. According to him, military courts continue to impose strict sanctions on soldiers found guilty.
“It is not accurate to say that military courts are a safe haven. In practice, there are rulings that impose severe penalties, including the death penalty and dismissal from military service,” said Abdullah before the panel of judges at the MK on Wednesday (February 25).
In its statement, the DPR affirmed that the existence of military courts has a strong constitutional basis. Article 24 paragraph (2) of the 1945 Constitution explicitly recognizes military courts as part of the judicial power, the regulation of which is then elaborated in the Law on Judicial Power, the Law on the Supreme Court, and the Law on Military Justice.
“Military courts are not a construction that stands outside the national legal system, but rather an integral part of the judicial power as mandated by the constitution,” said Abdullah.
In addition, the DPR also explained that the formation of Law Number 31 of 1997 was motivated by the need for renewal and synchronization of the regulation of military justice within the national legal system.
The law, he continued, was drafted with consideration for the uniqueness of military life, which is based on the principle of single command, the principle of commanders being responsible, and the principle of military hierarchy.
“These principles then influence the substance of the regulations in the Law on Military Justice, including the articles being tested in this application,” said Abdullah.
Abdullah explained that military courts not only carry out judicial functions, but also play a role as a means of developing soldiers. Through internal legal processes, military courts are directed to form soldiers who are disciplined, responsible, moral, and professional.
Regarding the authority to adjudicate, the DPR emphasized that the Law on Military Justice adopts subjective jurisdiction, namely the authority of the court is determined by the status of the perpetrator as a TNI soldier.
“Consequently, TNI soldiers who commit criminal acts, including general criminal acts, are under the jurisdiction of military courts as long as the new military justice law has not been formed,” explained Abdullah.
According to the DPR, this legal construction is in line with various previous regulations that place military affairs in a separate judicial mechanism.
The DPR acknowledges that after the reform era, there has been a change in political and legal direction, especially through TAP MPR Number VII/MPR/2000 and Law Number 34 of 2004 concerning the TNI, which distinguishes the handling of military criminal acts and general criminal acts by TNI soldiers.
However, Abdullah asserted that the full transfer of TNI soldiers to general courts cannot be carried out because it is still awaiting the formation of a new military justice law.
“As long as the new military justice law has not been formed, TNI soldiers still adhere to Law Number 31 of 1997. This has also been affirmed by the Constitutional Court in previous rulings,” he said.
The DPR also warned that the elimination of the authority of military courts through partial judicial review could potentially create a legal vacuum, given that general courts are not yet fully prepared to handle criminal cases involving TNI soldiers.
Furthermore, Abdullah emphasized that the provisions of Article 9 paragraph 1, Article 43 paragraph (3), and Article 127 of Law Number 31 of 1997 do not conflict with the 1945 Constitution. The DPR believes that changes to military justice should be carried out through a comprehensive legislative process.
“We are open to the petitioners to convey their aspirations to the DPR as a basis for carrying out a comprehensive legislative review,” he concluded. (Dev/P-3)
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