January 9, 2026 | 11:36 am
TEMPO.CO, Jakarta – Two Indonesian civilians have filed a judicial review of Law Number 31 of 1997 on the Military Judiciary at the Constitutional Court, arguing that the system fails to provide justice in cases involving personnel of the Indonesian National Armed Forces (TNI).
The applicants, Leni Damanik and Eva Melani Doru Pasaribu, are family members of victims who died due to alleged criminal acts committed by TNI personnel.
Leni is the mother of 15-year-old Michael Histon Sitanggang, who died from abuse by Sergeant Reza Pahlivi on May 24, 2024.
Eva is the eldest daughter of journalist Rico Sempurna Pasaribu, who died after his house was reportedly set on fire by TNI members on June 27, 2024. The case is registered under Case Number 260/PUU-XXIII/2025 and was first heard on Thursday, January 8, 2025.
During the hearing, the applicants’ legal representative, Sri Afrianis, argued that criminal cases involving TNI personnel rarely result in justice.
“Although charged with the criminal act of abusing a child, during the trial, the defendant (Reza Pahlivi) was not detained at all, and was still on duty in his unit,” she said, as broadcast on the Constitutional Court’s YouTube channel.
The military court in Medan sentenced Pahlivi to just 10 months in prison for the abuse that led to Michael’s death, and ordered Rp12.7 million in restitution.
If unpaid, the sum would be replaced with an additional three months in prison. According to the applicants, the light sentence highlights systemic bias within the military judiciary.
Sri Afrianis emphasized that the officials investigating and judging TNI defendants come from the same institution, creating a system vulnerable to intervention.
“The first applicant (Leni Damanik) suffered constitutional losses because she has the right to a legal process handled by professional and unbiased officials,” she said.
Eva similarly cited injustice in her father’s case. Police initially deemed the fire at Rico’s home an accident, but an investigation by the Journalist Safety Committee concluded it was deliberate and allegedly involved TNI personnel.
Police later named three civilians—Bebas Ginting, Rudi Sembiring, and Yunus Tarigan—as suspects. One was reportedly an aide to a TNI corporal, HB, who allegedly provided money to the perpetrators.
The civilians received life sentences, but HB, the military member, has yet to face legal proceedings, despite reports filed with the Army Military Police Headquarters and the Military Police of the I/Bukit Barisan Regional Command.
Request to Amend Military Judiciary Law
The applicants are asking the Constitutional Court to review Article 9 paragraph 1, Article 43 paragraph 3, and Article 127 of the Military Judiciary Law.
They want Article 9 interpreted to apply only to military crimes, while common crimes committed by TNI personnel, such as abuse or murder of civilians, should be tried in general courts.
“Trying common criminal acts in the military judiciary creates impunity for soldiers. The process is considered less objective, non-transparent, and tends to result in lighter punishments compared to a general court,” the applicants’ case dossier states.
The applicants also argue that the current military judiciary violates the principle of equality before the law, as TNI personnel are treated differently for the same type of crime. They are requesting that Article 43 paragraph 3 and Article 127 be declared inapplicable.
Read: Palace Says Draft Regulation on TNI Counterterrorism Duties Has No Legal Force
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