Until Now There Has Been No Discourse on Revision of the Law on Military Justice

Members of the DPR stated that although the government had opened a discourse on revising Law Number 31 of 1997 concerning Military Courts, there had never been any discussion regarding this in the DPR.

The following article was translated using both Microsoft Azure Open AI and Google Translation AI.

KOMPAS/RONY ARIYANTO NUGROHO

The Central Military Police (Puspom) officers of the Indonesian National Armed Forces carried several documents contained in plastic boxes after conducting a search with the Corruption Eradication Commission (KPK) investigators at the Basarnas Office building in Kemayoran, Jakarta on Friday (4/8/2023).

JAKARTA, KOMPAS - Although the government has opened discussions about revising Law Number 31 of 1997 concerning Military Justice, there has not been any discussion in the DPR regarding it. Even the Draft Law on Military Justice is not listed in the National Legislative Program for 2020-2024. Some members of the DPR's Commission I argued that changes to any law must be based on a thorough study, not based on specific cases.

Member of Commission I of the House of Representatives (DPR) from the Golkar Party Fraction, Dave Akbarshah Fikarno Laksono, admitted that discussions on revising Law Number 31 of 1997 concerning Military Justice had never been carried out by Commission I. Help (Basarnas) appeared and triggered civil society to push for revision of the Law on Military Justice, the DPR is currently in recess. However, even before the recess, the revision plan had never been discussed.

"The revision of the TNI Law (Law Number 34 of 2004 concerning the TNI) will not be discussed anymore, let alone military justice," he said when contacted from Jakarta on Monday (8/7/2023)."

"The revision of the TNI Law (Law Number 34 of 2004 concerning the TNI) is no longer being discussed, let alone military court."

DHANANG DAVID UNTUK KOMPAS

DPR Commission I member Dave Laksono

He did not deny that the revision of the Military Justice Law was not included in the priority, so it was not on the 2020-2024 Prolegnas list. Based on a search on the 2020-2024 Prolegnas list, the draft laws (RUU) that will be discussed related to the military are the TNI Bill and the Military Assistance Task Bill.

Also Read: Making Jampidmil a Bridge Towards Military Justice Reform

According to Dave, changing the Law is not an easy job. It must be done in detail and with careful consideration, not based on specific cases. "Don't let there be long-term impacts that ultimately make it difficult for the TNI as an institution," he said.

Member of the DPR Commission I from the Democratic Party Faction, Syarief Hasan, added that every law that will be amended must be based on the views of several parties including current conditions that are considered to require changes to the rules. However, this issue has not yet been discussed within the internal Commission I.

KOMPAS/KURNIA YUNITA RAHAYU

The atmosphere of the working meeting of the House of Representatives Commission I with Defense Minister Prabowo Subianto, Army Chief of Staff General Dudung Abdurachman, Navy Chief of Staff Admiral Yudo Margono, and Air Force Chief of Staff Marshal Fadjar Prasetyo at the Parliament complex, Jakarta, Thursday (27/1/2022).

Because, the polemic regarding corruption handling in Basarnas, according to him, only requires an increase in coordination between TNI and the Corruption Eradication Commission (KPK), not a revision of the law.

Member of Commission I of the DPR from the Faction of the Indonesian Democratic Party of Struggle (PDI-P), Tubagus Hasanuddin, stated that they agreed to the revision of the Military Justice Law. However, he requested that the government propose the revision instead of the DPR. This is considered more appropriate because the government knows better the need to change the Military Justice Law.

"They agreed that revisions to the Law on Military Justice would be carried out."

Previously, the discourse to revise the Military Justice Law was voiced by civil society in line with the polemic of corruption handling in Basarnas involving the 2021-2023 Chief of Basarnas Marsekal Madya Henri Alfiandi and the Administrative Coordinator of Chief of Basarnas Letnan Kolonel Afri Budi Cahyanto.

The determination of Henri and Afri as suspects by the Corruption Eradication Commission (KPK) has sparked protests from the Military Police Center of the Indonesian National Armed Forces, based on the Military Judicature Law, active military members who violate the law must be handled by the Military Police. The KPK then handed over the two suspects to the Military Police Center of the Indonesian National Armed Forces for further processing.

KOMPAS/NINO CITRA ANUGRAHANTO

Illustration. Chief Sergeant Yudha Wahyu Windarto (left), the Village Development Officer at Military Rayon Command Post 22, Military District Command 0705 Magelang, during a trial at Military Court II-11 Yogyakarta, Bantul, DIY, on Tuesday (29/1/2019).

In response to the civil society's suggestion to revise the Military Judiciary Law, Vice President Ma'ruf Amin and Coordinating Minister for Politics, Law, and Security Mahfud MD have given positive signals. Both are open to the possibility of revision, and Mahfud even stated that he is considering the civil society's proposal.

insistence

The Deputy Coordinator of the Commission for the Disappeared and Victims of Violence (Kontras), Andi Muhammad Rezaldy, said that his party as part of the Civil Society Coalition for Security System Reform urges the government and the parliament to immediately revise the Military Judiciary Law. "The Military Judiciary Law is no longer relevant after the enactment of the TNI Law. The Military Judiciary Law also has normative and implementation issues," Andi said.

"The Military Justice Act is no longer relevant after the enactment of the TNI Act. The Military Justice Act also has norm and application issues."

One of the problems is related to confusion in the implementation of Military Justice Law, which involves pulling TNI soldiers who violate the law into military jurisdiction. However, if referring to Tap MPR Number VII/2000 regarding the Roles of TNI and Police, it is regulated that TNI soldiers are subjected to the military judiciary authority in the case of military law violations and are subjected to general judiciary authority in the case of general criminal offenses. This provision is reinforced by Article 65 paragraph (2) and paragraph (3) of the TNI Law, which speaks of the principle of equal treatment under the law.

AXEL JOSHUA HALOMOAN RAJA HARIANJA

Kontras Deputy Coordinator Andi Muhammad Rezaldy (center)

"This shows how important it is to revise the Military Justice Act in order to end military legal arrogance and realize civilian supremacy in Indonesia."

In addition, several regulations that are the basis of the Military Justice Law are no longer valid or have been amended with new laws. The law is also not in line with Law Number 48 of 2009 concerning the Judiciary, which states that military justice is authorized to examine, prosecute, and decide military crimes in accordance with legislation. Referring to Law No. 48/2009, military justice should only try criminal cases related to military actions, not general crimes.

Also Read: The Law on Military Justice Urges to be Revised, Basarnas Corruption Polemic is Only the Tip of the Iceberg

Based on international human rights law, the government has also ratified the International Covenant on Civil and Political Rights (ICCPR) through Law Number 12 of 2005. This covenant obliges every country not to carry out special trials with their own procedural law, which in practice distinguishes legal proceedings between civilians and military personnel. "In practice at the national level, military justice often only becomes a stage drama and perpetuates practices of impunity with many perpetrators not being punished or receiving light sentences," said Andi.

The coalition recorded that from October 2021 to September 2022, there were 65 cases tried in military courts involving 152 defendants. The sentences given to the defendants were mostly imprisonment for a few months. These light sentences were also given to those who committed serious human rights violations in the past.

"That shows how important it is to revise the Military Judiciary Act. In order to end military legal arrogance and realize civilian supremacy in Indonesia," said Andi.