PSHK Explains Why TNI BAIS Members Must Be Tried in the General Court

REPUBLIKA.CO.ID, JAKARTA – The Indonesian Center for Law and Policy Studies (PSHK) assesses that the case of the alleged planned attempted murder of KontraS Deputy Coordinator Andrie Yunus is a general criminal offence that should be tried in the general court. PSHK Executive Director Rizky Argama stated that dousing a human rights activist with acid in a public space is not a criminal act related to military functions and duties. Therefore, it should not be tried in a military court. “There is no element of military discipline, breach of service obligations, or crime originating from military functions and duties,” Rizky said when contacted in Jakarta on Thursday. Thus, he said, the case is entirely a general criminal offence committed by an individual who happens to hold the status of a member of the Indonesian National Armed Forces (TNI). Rizky urged the President to ensure that the entire legal process for Andrie’s case, including prosecution and trial, is handed over to general judicial institutions under an independent judiciary. It is stated that the principle of functional jurisdiction determines the judicial forum for military members based on the nature of the criminal act committed, not solely on the perpetrator’s status as an active military member.