Indonesian Constitutional Court Mandates Civilian Trials for Military Crimes
Indonesia’s Constitutional Court ruled unanimously on October 15, 2026, that the 1997 Military Justice Law is conditionally unconstitutional, requiring the government to overhaul a system that has long shielded armed forces personnel from civilian prosecution for ordinary crimes, Human Rights Watch reported. The nine justices gave the administration of President Prabowo Subianto a strict two-year deadline to amend the statute so that soldiers accused of non-military offenses face trial in civilian courts.
Highlights Conflict in Military Trials and 2028 Deadline
Articles 24(1) and 28D(1) of the 1945 Constitution serve as the foundation for the court’s ruling, as these provisions mandate an independent judiciary and the right to equality before the law. Justices found that allowing active-duty military personnel to be tried within their own chain of command for ordinary criminal offenses creates an inherent structural conflict of interest. The 1997 Military Justice Law will officially become unconstitutional if parliament fails to enact the required reforms by October 2028.
“The Constitutional Court’s landmark ruling recognizes that Indonesia’s military courts aren’t capable of impartially trying crimes against civilians, as victims and human rights defenders have said for decades,” said Elaine Pearson, Asia director at Human Rights Watch. Pearson urged President Prabowo and the national legislature to consult directly with victims and rights organizations during the drafting process.
Decades of Impunity and Recent Abuse Cases
Legal restrictions under the 1997 framework have routinely blocked civilian police from investigating military personnel. Critics point to the March 12, 2026, acid attack against Andrie Yunus, a 27-year-old deputy coordinator at the Commission for the Disappeared and Victims of Violence (KontraS). The assault left Yunus with burns across 24 percent of his body and a potential loss of sight in his right eye. Although a Jakarta military court convicted four soldiers in June and sentenced them to prison terms ranging from 18 months to three years, a military appeals court reduced the two longest sentences by six months on August 20 and overturned their dishonorable discharges.
A separate petition submitted to the court featured the mother of a 15-year-old boy who was tortured to death in 2024 within Medan, North Sumatra, by a soldier who was handed a 10-month prison term despite facing a maximum statutory penalty of 15 years. KontraS stated that the high court’s decision closes a major legal loophole that shields errant personnel from public accountability.
Expanding Military Influence in Civilian Governance
The court ruling arrives as the administration of President Prabowo Subianto—a former general dismissed from the military over human rights violations—deepens military integration into civil institutions. In March 2025, parliament passed amendments to the Armed Forces Law allowing active-duty officers to occupy a broader range of government posts. The number of civilian institutions open to serving soldiers, including the Supreme Court and the Attorney General’s office, increased from 10 to 14.
Muhammad Afif Abdul Qoyim, a lawyer with the Indonesian Legal Aid Foundation, argues that lawmakers should not wait out the full two-year window to comply with the judiciary. “There is no need to wait two years to revise the Law on Military Justice so that new rules are in line with the Constitutional Court’s ruling,” Qoyim said.
Frequently Asked Questions About Indonesia Court Decision
What specific articles of the 1945 Constitution did the court cite?
The nine justices ruled that the 1997 Military Justice Law violates articles 24(1) and 28D(1) of the 1945 Constitution, which guarantee an independent judiciary and the right of every citizen to equal treatment before the law.
What happens if the Indonesian parliament misses the October 2028 deadline?
Under the terms of the October 15, 2026, ruling, the entire 1997 Military Justice Law automatically becomes unconstitutional if the government fails to pass the mandated amendments within the two-year timeframe.
How were the sentences handled in the KontraS acid attack case?
A military court in Jakarta initially convicted four soldiers in June 2026 and handed down sentences between 18 months and three years alongside military dismissals. However, a military appeals court reduced the two longest sentences by six months each on August 20, 2026, and reversed the dishonorable discharges.
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