Unas Analyst: In the Andrie Yunus Case, Military Courts Must Be Supervised
JAKARTA – Political and military analyst from Universitas Nasional (Unas), Dr Selamat Ginting, states that the concept of lex specialis in military law exists around the world. It is a special legal system that distinguishes military personnel from civilians globally.
What happens when military personnel are suspected of committing crimes against civilians? This addresses the case of the acid attack on Kontras activist Andrie Yunus, which is said to involve four TNI personnel.
According to him, there is a perception that military courts are more “lenient” because they judge their own members. “In fact, in many aspects, it is the opposite. Military law is designed to be much harsher than civilian law,” Ginting told Republika in Jakarta on Friday (20/3/2026).
Therefore, he said, many countries, including Indonesia, have adopted military legal systems through Law (UU) No. 31 of 1997. That regulation stipulates that soldiers are tried based on their status as military personnel.
He also refers to Law No. 25 of 2014 on Military Discipline Law. “Indonesia is not alone. The United States, for example, has the Uniform Code of Military Justice. Meanwhile, the UK uses the Armed Forces Act. Almost all countries recognise the need for a military legal system,” Ginting stated.
Nevertheless, he continued, Indonesia has a mechanism for connected courts when the perpetrators consist of military and civilian elements or when the perpetrator is military and the victim is civilian. Thus, investigations are conducted jointly by the Military Police and the Attorney General’s Office.
“They have a Military Criminal Chamber in the Attorney General’s Office. The Supreme Court also has a Military Court Chamber. In the alleged acid attack on Andrie Yunus, the perpetrators are suspected to be active military soldiers, so the jurisdiction tends to fall under the military court,” Ginting said.
He noted that the public often doubts its transparency and accountability. His reference is directed to the case of KPK investigator Novel Baswedan who was attacked with acid by Brimob Polri members, which sparked debate on how state apparatus are tried openly.