Constitutional Court orders end to military impunity
Jane Rosalina of Kontras said the Constitutional Court's ruling had broken through the wall of military impunity and offered an opportunity for the government, lawmakers and the Supreme Court to accelerate military justice reform.
The Constitutional Court of Indonesia has ruled that military personnel accused of general crimes must be tried in civilian courts, effectively ending military impunity. This landmark decision, delivered unanimously on Thursday, stems from the court's interpretation of the 1997 Military Tribunal Law, which the justices deemed insufficiently distinct from general criminal offenses.
By failing to clearly delineate military offenses from general crimes, the 1997 law enabled soldiers to be tried in military courts, despite the nature of the crime not being inherently military in nature. The court emphasized the need for a clear separation between military and civilian judicial jurisdictions, stating that military courts operate under a system influenced by the military chain of command, subordinate responsibility, and prioritization of military interests.
Justice Enny Nurbaningsih highlighted that if a crime lacks military characteristics, the basis for maintaining military court jurisdiction weakens. The court issued an order for the House of Representatives and the government to amend the law within two years, threatening to declare the law unconstitutional if no action is taken.
Rights groups and petitioners have welcomed the ruling, calling for prompt revisions to the Military Tribunal Law.
Written by urgent.news from The Jakarta Post's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
