MEDAN | INDATANEWS.COM - The judicial review of Indonesia's Military Court Law at the Constitutional Court has entered its final phase after two families of alleged victims of violence involving members of the Indonesian National Armed Forces (TNI) submitted their concluding statements to the court.
The petitioners in case number 260/PUU-XXIII/2025 are Eva Meliani Br. Pasaribu, daughter of Rico Sempurna Pasaribu, and Lenny Damanik, mother of MHS. They are challenging several provisions of Law No. 31 of 1997 on Military Courts.
Civil Society Criticizes Impunity in Military Justice System
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LBH Medan, Irvan Saputra, SH, MH, said the Civil Society Coalition for Security Sector Reform had submitted a summary of facts and evidence gathered throughout the hearings to the Constitutional Court.
According to Irvan, testimonies from witnesses and expert witnesses presented by the petitioners, the government, the House of Representatives (DPR), and the TNI Headquarters strengthened arguments that several disputed articles contradict the Constitution.
The coalition specifically challenged Article 9 point 1, particularly the phrase "criminal act," Article 43 paragraph 3, and Article 127 of the
Military Court Law. The petitioners argue that these provisions conflict with constitutional principles regarding the rule of law, judicial independence, and equality before the law as guaranteed under the 1945 Constitution.
"The Military Court Law originated during the New Order era and has created a culture of impunity by granting protection and privileges to TNI personnel involved in ordinary criminal offenses," Irvan said in an official statement on Monday, May 11, 2026.
Read Also: Indonesian Navy Foils Illegal Migrant Smuggling Attempt in Karimun Waters CONSTITUTIONAL REVIEW HEARING: The judicial review hearing on the
Military Court Law at the Constitutional Court has entered its final phase following the submission of concluding statements by the civil society coalition. (PHOTO: Doc.
LBH Medan)
Calls for Comprehensive ReformIrvan emphasized that issues surrounding military courts are not merely technical jurisdictional matters, but are closely tied to human rights and the enforcement of democratic legal principles.
Read Also: Constitutional Court Holds Judicial Review of Military Justice Law Again, Expert Highlights Legal Inequality Several civil society organizations, including
LBH Medan, Imparsial, and KontraS, have documented cases in which civilians allegedly failed to receive fair treatment within the military justice system.
Among the concerns frequently raised are the lack of transparency, limited public access to information, potential conflicts of interest, and relatively lenient charges and verdicts in cases involving military personnel.
In their final submission, the petitioners argued that the disputed provisions are unconstitutional and should no longer have binding legal force. They also described the
Military Court Law as an instrument that perpetuates impunity and fails to uphold the principles of a fair trial.
CIVIL SOCIETY SUPPORT: The Civil Society Coalition for Security Sector Reform urges the Constitutional Court to grant the petition challenging several provisions of the Military Court Law.
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The Civil Society Coalition also criticized the government and parliament for failing to implement a comprehensive revision of the
Military Court Law for more than two decades.
The petitioners therefore urged the Constitutional Court to act as the "guardian of the constitution" by fully granting the judicial review request and creating a transitional legal solution.
Read Also: Families Rally for Andrie Yunus at Constitutional Court Irvan further stated that the court should encourage lawmakers to comprehensively reform the
Military Court Law in line with Indonesia's reform agenda, the 2000 People's Consultative Assembly Decree, as well as laws governing the military and judicial authority.
"A Constitutional Court ruling could become a solution to end impunity and dualism in the judicial system while strengthening justice, legal certainty, and protection for citizens," Irvan said. (IDNC)
REPORTER:
Darmailawati | EDITOR:
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