Indonesia's Constitutional Court orders overhaul of military court law within two years
The Constitutional Court ruled that the 1997 Military Court Law must be amended within two years to ensure ordinary crimes by soldiers are tried in civilian courts.
On October 15, 2026, Indonesia's Constitutional Court granted a petition challenging Article 9, point 1 of Law No. 31 of 1997 on Military Courts, finding the provision ambiguous about jurisdiction over ordinary criminal offenses committed by TNI members. Chief Justice Suhartoyo announced the law is conditionally unconstitutional and will lose effect if not revised within two years. The petition, filed by Lenny Damanik and Eva Melina boru Pasaribu and represented by lawyer Ibnu Syamsu Hidayat, argued that allowing military courts to try soldiers for crimes such as corruption or traffic violations threatens equality before the law and civilian supremacy.
Justice Enny Nurbaningsih emphasized that ordinary crimes should be heard by general courts to ensure accountability. The court also criticized delays in drafting a new military justice code required by Law No. 34 of 2004 and ordered a comprehensive restructuring, including integrating the military justice system under the Supreme Court. Lawmakers now have a maximum of two years to enact the necessary amendments.
Why it matters
The ruling could reshape Indonesia's military justice system, strengthening civilian courts and reducing potential impunity for soldiers.
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