March 19, 2025 | 04:57 pm
TEMPO.CO, Jakarta - The Work Committee for the Revision of the TNI Law at Commission I of the House of Representatives affirmed that active soldiers in civilian institutions who commit criminal acts will still be tried through the mechanism of military courts.
Member of the The Work Committee for TNI Bill, Tubagus Hasanuddin, explained that in principle, even though soldiers are serving in civilian institutions, they hold positions regulated by the TNI Law.
"So, their status is still subject to military courts. But, if a soldier resigns from the TNI, that's different," said Hasanuddin in a brief message on Wednesday, March 19, 2025.
The difference Hasanuddin meant is that soldiers can be tried through the mechanism of connectivity courts. Connectivity courts are courts that use two mechanisms, namely civilian and military courts.
Deputy Chairperson of the TNI Bill Work Committee, Dave Akbarshah Fikarno Laksono, said the judicial mechanism for soldiers will be determined based on the type of offense. "So, it cannot be seen generally, but it depends on the case," said Dave.
Previously, Minister of Law Supratman Andi Agtas stated that soldiers occupying civilian positions will be tried through the military court mechanism. He mentioned the connectivity between law enforcement agencies to prosecute soldiers who commit criminal acts.
"The military is clear. In the Attorney General's Office, there is a Deputy Attorney General for Military Crimes because there is still connectivity. Secondly, in the Supreme Court, there is also the chairman of the military criminal chamber," said Supratman.
Chairperson of the Indonesian Legal Aid Foundation (YLBHI) Muhammad Isnur said that the rules regarding the trial of soldiers should be the main discussion in the agenda for the revision of the TNI Law.
Isnur argued that changing the judicial mechanism for TNI soldiers is more urgent than expanding civilian positions for soldiers in the revision of the TNI Law.
"The revision to expand civilian positions for active soldiers should also be accompanied by provisions for a judicial mechanism that is in line with their position," said Isnur. According to him, expanding civilian positions for active soldiers without a revision of the judiciary would perpetuate impunity.
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