Expert: Andrie Yunus Case Must Be Resolved Through Military Court

Jakarta (ANTARA) - Legal expert Fransiscus Xaverius Tangkudung stated that the acid attack case carried out by TNI members against KontraS activist Andrie Yunus must be resolved through the military court.

This is because the four suspected perpetrators are TNI members assigned to the Strategic Intelligence Agency (Bais).

This aligns with the principle of lex specialis derogat legi generali, whereby special rules override general rules.

“The legal basis is explicitly regulated in Law No. 31/1997 on Military Justice. This regulation states that TNI soldiers are subject to the authority of the military court to examine, try, and decide on criminal cases committed by military members,” Frans said in a statement received in Jakarta on Thursday.

Frans continued that the provisions in the Military Criminal Code also reinforce that any legal violations by soldiers are processed through military legal mechanisms, both for general criminal offences and disciplinary violations.

This is also stipulated in Law No. 3/2025 on Amendments to Law No. 34/2004 on the TNI, as well as Law No. 25/2014 on Military Discipline Law.

“If the TNI’s Puspom states that the perpetrators are active TNI members, then legally it is very clear that the investigation process up to the trial falls under the authority of military institutions. This is important to maintain legal certainty and avoid overlapping authorities,” he said.

In addition to the legislative aspect, Frans stated that handling by military apparatus is also considered more focused and in line with internal discipline systems.

On the other hand, Frans assessed that the notion of closed military courts is not entirely accurate. According to him, some military trials are in principle open to the public, except for certain cases involving state secrets or strategic military interests.

“Thus, transparency is still maintained, and the public can still monitor the course of the legal process,” Frans said.

By going through the court mechanism, Frans believes the legal process for the acid attack case against Andrie Yunus will proceed maximally, fairly, and in accordance with applicable laws.