Politics · Indonesia · 2 hrs ago
Indonesia's top court orders changes to military justice law within two years
Indonesia's Constitutional Court granted a challenge to the military justice law brought by two women whose family members died in separate cases involving alleged crimes by soldiers.
The court ruled that the 1997 law is conditionally unconstitutional unless lawmakers change it within two years.
It said military courts should handle offences with a specifically military character, rather than cases simply because the accused is a soldier.
In peacetime, ordinary crimes by soldiers should go to civilian courts, the court said.
It allowed that ordinary crimes committed by soldiers in wartime in combat areas could be handled by military courts, if the exception is clearly and narrowly defined.
The court said this change is needed to support accountability and reduce the risk that offenders avoid effective punishment.
If lawmakers do not revise the law within two years, it will have no binding legal force, according to the ruling.
Indonesia’s Constitutional Court ordered lawmakers to amend the Military Justice Law within two years.
The court said ordinary crimes committed by soldiers should be tried in civilian courts.
It ruled that military courts’ jurisdiction should be based on the military nature of a case, not only on the accused person’s status as a soldier.
The court said the law would lose binding force if lawmakers did not amend it within the deadline.
Deputy military chief Maruli Simanjuntak said military courts often impose harsher sentences and said he would study the ruling.
- Who
- Indonesia’s Constitutional Court ruled on a petition brought by Lenny Damanik and Eva Meliani Br Pasaribu.
- What
- The court ordered lawmakers to amend the Military Justice Law within two years and said ordinary crimes by soldiers should generally be tried in civilian courts.
- When
- The ruling was issued on October 15, 2026.
- Where
- Indonesia.
- Why
- The court said military jurisdiction should depend on a case’s military nature, while ordinary crimes by soldiers should be heard in civilian courts to support accountability and reduce the risk of impunity.
Indonesia’s Constitutional Court
Deputy military chief Maruli Simanjuntak
Jurisdiction
Indonesia’s Constitutional Court
Ordinary crimes committed by soldiers should be tried in civilian courts.
Deputy military chief Maruli Simanjuntak
Maruli said military courts often impose harsher sentences than civilian courts.
Accountability
Indonesia’s Constitutional Court
The court said civilian trials for ordinary crimes help ensure accountability and reduce the risk of impunity.
Deputy military chief Maruli Simanjuntak
Maruli rejected the view that military courts create impunity for soldiers.
The Constitutional Court ruled on the petition challenging the Military Justice Law.
Deputy military chief Maruli Simanjuntak responded to the ruling in Jakarta and said he would study it.
- Deadline
- Lawmakers have up to 2 years to amend the law
- Law
- Law No. 31 of 1997 on Military Justice
- Case number
- 260/PUU-XXIII/2025
- Petitioners
- Lenny Damanik and Eva Meliani Br Pasaribu
- Court ruling
- The petition was granted in full
4 sources
What people are saying
The justification for military court jurisdiction over military crimes lies in the special nature of the cases, not merely in the status of the accused as soldiers.
The use of civilian courts for ordinary crimes committed by soldiers is consistent with the need to ensure accountability, independence, and prevent the risk of impunity.
In the military, we have repeatedly handed down life sentences. I think that is rare elsewhere.