TNI Claims Legal Process for Sertu Riza Pahlivi and Koptu HB Adheres to Legal Standards
JAKARTA — The TNI, represented by Lieutenant General Hersan, has stated that the judicial process for the case of Sergeant First Class Riza Pahlivi and investigations related to Corporal HB have been conducted in accordance with applicable legal standards.
Hersan made this statement when reading out the response of TNI Commander General Agus Subiyanto to the petition for judicial review of Law No. 31 of 1997 on Military Courts, which was being heard by the Constitutional Court.
“The completion of the case against Sertu Riza Pahlivi has been conducted in accordance with applicable procedural law, transparently, and in accordance with legal standards of proof based on legal facts revealed during proceedings, including matters that aggravate or mitigate the defendant’s liability,” Hersan stated in the session broadcast live via the Constitutional Court’s YouTube channel on Thursday (12 March 2026).
Hersan then addressed the matter of a premeditated murder case targeting a journalist in Karo, North Sumatra. The defendants, Bebas Ginting, Rudi Apri Sembiring, and Yunus Syahputra Tarigan, were sentenced to life imprisonment on 27 March 2025.
In the Constitutional Court proceedings, the three-star TNI general stated that Koptu HB was not proven to have been involved in this premeditated murder case.
“Based on the cassation ruling, which has all acquired permanent legal force, according to the panel’s legal consideration and legal facts revealed during the proceedings, there is no proof of Koptu HB’s involvement,” Hersan said.
“Furthermore, the results of investigations and enquiries conducted by investigators from Pomdam 1 Bukit Barisan regarding allegations of Koptu HB’s involvement have not been substantiated,” he added.
Hersan stated that the petition lacked legal standing because the petitioners were unable to explain the causal relationship between the unlawful conduct of TNI members and potential violations of constitutional rights.
The TNI argued that military courts ought to be separated from ordinary courts because there are several mechanisms that make them a lex specialis (special law). Military courts are said to remain within the judicial authority of the Supreme Court and do not grant immunity to servicemen.
In its petition, the TNI Commander as an interested party requested the Constitutional Court to reject the judicial review 260/PUU-XXIII/2025.