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The INDONESIAN,(Jakarta)– The Constitutional Court of the Republic of Indonesia held a preliminary examination hearing for the material judicial review petition of Law Number 31 of 1997 concerning Military Justice in Case No. 260/PUU-XXIII/2025. The petition was filed by Lenny Damanik and Eva Meliani Br. Pasaribu, who are victims directly affected by injustice resulting from case handling by the Military Court.
The panel of judges examining the hearing consisted of Prof. Arif Hidayat (Chair of the Panel), Justice Prof. Enny Nurbaningsih, and Justice Prof. Guntur Hamzah. The petitioners’ legal representatives from LBH Medan, Themis, Imparsial, and KontraS read out the petition, which covered the Court’s authority, the petitioners’ legal standing, and the relief sought.
This petition stems from actual cases experienced by the petitioners. Lenny Damanik lost her 15-year-old child MHS, who was assaulted by TNI soldier First Class Reza Pahlivi. The legal process at the Military Court proceeded without detention, without the presence of key witnesses, and included restrictions on live coverage as well as searches of personal belongings of family members, legal representatives, and hearing attendees. The defendant, who was charged with 12 months’ imprisonment, ultimately received a 10-month sentence.
Meanwhile, Eva Meliani Br. Pasaribu lost her father, mother, child, and sibling in a premeditated murder case involving the burning of a house, allegedly linked to investigative reporting on an illegal gambling business run by TNI Private First Class HB. Although Private First Class HB’s name was mentioned repeatedly in court by three civilian perpetrators sentenced to life imprisonment (BHT) and witnesses, he was not processed through proper and objective legal proceedings.
The petitioners argue that this occurred because the Military Court’s jurisdiction does not provide legal certainty and conflicts with the 1945 Constitution. Article 9 paragraph (1) of the law interprets all criminal acts—including general criminal acts—as remaining within the jurisdiction of military courts if the perpetrator is a TNI member. This is deemed to create impunity and violate the principles of the rule of law, legal certainty, and equality before the law.
In their petition, the applicants request that the Constitutional Court grant the petition such that the phrase “criminal act” in Article 9 paragraph (1) is not binding. Consequently, general criminal acts committed by soldiers must be examined and tried in general courts as stipulated in Article 65 paragraph (2) of the TNI Law.
The panel of judges provided several notes for improvement. Justice Prof. Guntur Hamzah stated that the petition was well-organized but needed stronger evidence of constitutional harm and arguments regarding the claim of impunity. Justice Prof. Enny Nurbaningsih emphasized that the legal standing section must more clearly demonstrate the violated constitutional rights and the causal link between the norm under review and actual harm. The panel also reminded that any reinterpretation of Article 9 must consider its consequences for other articles to avoid legal gaps, noting that Article 9 paragraph (1) has been a long-standing issue.
The hearing concluded with the petitioners being given until Wednesday, January 21, 2026, to complete their petition. This judicial review is an important step to end the dualism of judicial jurisdiction that allows room for impunity for perpetrators of crimes within the military, and is expected to strengthen the principle of civilian supremacy and ensure that victims of violence involving TNI members obtain justice through an objective, transparent, and equitable process.
Source: Compiled from various sources
Media Center: Majelis Adat Indonesia (MAI)
Editor: Prime News Post – Executive Editorial Team
