LBH Demands That TNI Personnel Who Abused an Online Taxi Driver Be Brought Before Civilian Court

Lembaga Bantuan Hukum (LBH) Jakarta condemned the actions of a TNI member captured on video assaulting an online taxi driver on Jalan Raya Puspitek, Cisauk, South Tangerang. LBH Jakarta urged that the case be brought to civilian court, not military justice. ‘Drag the perpetrator to civilian court, reject impunity of military justice,’ said LBH Jakarta Director Fadhil Alfathan in a written statement on Wednesday 4 March. Fadhil said handling cases like this through military courts will only add to the long list of serious failures of the legal system and show the deeply rooted culture of impunity within the TNI. So far, he said, military courts have proven unable to deliver real justice for civilian victims. Many cases of violence by TNI members end without proper punishment, or the verdicts are far lighter than those in civilian courts, thereby encouraging repeated violence. ‘We view the problem of violence by TNI members not merely as an individual issue, but as a reflection of institutional failure and the entrenchment of a culture of violence within the military,’ Fadhil said. He said this culture grows and is rooted due to structural and cultural factors. He stressed that acts of violence by TNI against civilians are criminal acts that must be accounted for under applicable law. Under Law No. 1 of 2023 on the Criminal Code (KUHP), every perpetrator of a criminal act must be prosecuted and processed under the law without exception, including military personnel. In this case, the acts of the TNI member can be classified under several types of crime. First, assault as defined in Article 466 KUHP, due to actions of hitting, threatening, and physically intimidating the victim. Second, extortion with violence under Article 482 KUHP, as the victim experienced pressure and threats restricting their freedom and was asked to pay a sum of money. Third, hostage-taking as provided for in Article 451 KUHP, as the victim was forcibly held and bound with threats of weapon. Fadhil said this classification shows the act not only violates ethical norms and internal military discipline but also criminal law that clearly regulates accountability for perpetrators of violence, including TNI members. ‘Therefore, the state has an obligation to follow up legally to ensure justice for the victim and uphold the supremacy of law without discrimination,’ he said. Meanwhile, the Indonesian Army (TNI AD) has secured a soldier suspected of making threats and assaulting the online taxi driver in South Tangerang. In circulating video, the soldier pointed a pistol-like object at the driver. Head of Public Information Service of the Army (Kadispenad) Brig Gen Donny Pramono said Denpom Jaya/1 Tangerang immediately coordinated with the South Tangerang Police and related units. The result is that, on Monday night (2 March), the soldier in question has been secured and is currently undergoing examination at Madenpom Jaya/1 Tangerang. ‘The soldier involved has been secured and is being examined by Denpom Jaya/1 Tangerang. We ensure the legal process proceeds in accordance with the applicable regulations, including deepening chronology, witness statements, and collection of evidence,’ Donny said in a written statement on Wednesday 4 March.