In Constitutional Court Decision Number 260/PUU-XXIII/2025, issued on 15 October 2026, the Constitutional Court held that military personnel who commit general crimes should be tried in general courts. With the decision, the Court accepted applications submitted by Lenny Damanik and Eva Meliani Br. Pasaribu who challenged Law Number 31 of 1997 concerning Military Courts, which had been interpreted as prescribing military trials for soldiers independent of the nature of the crime. The Constitutional Court reasoned that the focus on the perpetrator as a soldier rather than the criminal act had created unfair legal uncertainty and that trial in a court of general judicial jurisdiction was important to ensure independence and accountability, as well as to prevent the risk of impunity.
The two applicants who filed the judicial review are family members of victims of violence committed by the Indonesian Military (TNI). With support from TAUD, they hope that perpetrators who have been granted impunity will receive appropriate punishment through the general court system. The petition not only raised concern regarding the two cases mentioned in the application but also highlighted the weakening of the supremacy of civil accountability when soldiers are generally tried in military courts, independent of the crime committed.
The Court’s acknowledgment of impunity as a structural risk with military trials is particularly significant given the recent military court conviction of the TNI soldiers involved in the acid attack against Andrie Yunus. The trial was criticized by many civil society actors for light sentences, lack of transparency and failing to identify the masterminds behind the attack. With the Court decision in effect, victims of military violence and civil society organisations have expressed hope for more accountability for violations, including those against civil society actors and activists.
While the decision of the Court regarding the trial of soldiers is immediately binding, it also held that lawmakers are required to develop a new military justice law, as had been mandated by Law Number 34 of 2004 on the TNI. If this law is not passed within two years, the Military Justice Law of 1997 will automatically lose its effect. The decision therefore is expected to have a far-reaching impact on the application of military justice and to strengthen accountability and the rule of law. For civil society, this means a stronger basis for policy discussions and advocacy regarding accountability and democratic oversight, as well as a hope for reduced impunity for attacks against civil society actors.