Two Indonesian civilians have filed a judicial review of Law Number 31 of 1997 on the Military Judiciary with the Constitutional Court. The challenge argues that the current system fails to deliver justice in cases involving personnel of the Indonesian National Armed Forces (TNI).
Families Seek Justice Through Constitutional Review
The applicants, Leni Damanik and Eva Melani Doru Pasaribu, are connected to separate cases involving alleged criminal acts by TNI personnel. Leni Damanik is the mother of Michael Histon Sitanggang, a 15-year-old who died from abuse on May 24, 2024, allegedly at the hands of Sergeant Reza Pahlivi. Eva Melani Doru Pasaribu is the eldest daughter of journalist Rico Sempurna Pasaribu, who died after his house was reportedly set on fire by TNI members on June 27, 2024.
During a hearing on January 8, 2025, the applicants’ legal representative, Sri Afrianis, argued that justice is rarely served in cases involving TNI personnel. She stated that Sergeant Pahlivi, charged with abusing a child, was not detained and remained on duty during his trial. He was ultimately sentenced to just 10 months in prison, with the possibility of an additional three months if Rp12.7 million in restitution is not paid.
Afrianis further emphasized that the current system, where officials from the same institution investigate and judge TNI defendants, is vulnerable to intervention. She argued that Leni Damanik was denied her constitutional right to a legal process handled by professional and unbiased officials.
In the case of Rico Sempurna Pasaribu, police initially classified the fire as an accident. However, an investigation by the Journalist Safety Committee determined the fire was deliberate and allegedly involved TNI personnel. While three civilians were convicted and sentenced to life in prison, HB, the TNI corporal allegedly linked to the crime, has not faced legal proceedings despite reports to military authorities.
Challenging the Military Judiciary Law
The applicants are requesting the Constitutional Court to review Articles 9 paragraph 1, 43 paragraph 3, and 127 of the Military Judiciary Law. They seek an interpretation of Article 9 to apply only to military crimes, arguing that common crimes committed by TNI personnel – such as abuse or murder of civilians – should be tried in general courts.
According to the applicants’ case dossier, trying common criminal acts within the military judiciary creates impunity for soldiers, leading to less objective, non-transparent processes and lighter punishments. They also contend that the current system violates the principle of equality before the law, as TNI personnel are treated differently for the same crimes.
The case, registered as Case Number 260/PUU-XXIII/2025, was first heard on January 8, 2025.
Frequently Asked Questions
What is the basis of the judicial review?
The judicial review is based on the argument that the current Military Judiciary Law fails to provide justice in cases involving TNI personnel, leading to systemic bias and impunity.
What specific outcomes are the applicants seeking?
The applicants are asking the Constitutional Court to reinterpret or declare inapplicable certain articles of the Military Judiciary Law, so that common crimes committed by TNI personnel are tried in general courts.
What happened in the case of Michael Histon Sitanggang?
Sergeant Reza Pahlivi was sentenced to 10 months in prison for the abuse that led to the death of 15-year-old Michael Histon Sitanggang, with a potential additional three months if restitution is not paid.
As the Constitutional Court considers this challenge, it remains to be seen whether the current framework governing military justice will be altered, and what impact any changes might have on accountability and the pursuit of justice in cases involving the TNI.
