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🇮🇩 Indonesia /Conflict & Security

Indonesian Military Court Lacked Jurisdiction in Acid Attack Case, Lawyers Argue

From Tempo · () Indonesian

Translated from Indonesian, summarized and contextualized by DistantNews.

At a glance

News Named sources Outcome reported
  • The legal team for Andrie Yunus argues the Military Court II-08 Jakarta should have declared itself not competent to try four members of the State Intelligence Agency (Bais TNI).
  • Lawyers cite Indonesian law stating that soldiers committing general criminal offenses should be tried in public courts, especially when civilians are involved.
  • The court convicted four Bais TNI members for acid-throwing, sentencing them to prison and dismissal from military service, a decision the defense deems illegitimate.

The legal team representing Andrie Yunus contends that the Military Court II-08 Jakarta erred by not dismissing the case against four members of the State Intelligence Agency (Bais TNI). The lawyers, part of the Advocacy Team for Democracy (TAUD), believe the court should have ruled itself incompetent to hear the case, asserting that military personnel accused of common crimes should face public trials.

The military court's decision today, if we refer to the provisions of laws and regulations, should have stated that the military court is not competent to try the case.

— Arif MaulanaStating the legal team's expectation for the court's ruling.

Arif Maulana, a TAUD member, stated that Indonesian law, including the new Criminal Procedure Code (KUHAP), mandates that soldiers committing general criminal offenses be tried in civilian courts. He emphasized that when civilians and military personnel are jointly involved in a crime, the jurisdiction should fall to the public court system. TAUD's investigation allegedly uncovered civilian involvement, a point they claim was not pursued by the military police.

That is what the panel of judges should have taken, not to enter into the substance of the case and give a light sentence.

— Arif MaulanaCriticizing the court's decision to proceed with the trial and sentencing.

Mustafa Layong, another TAUD member, echoed these sentiments, arguing that the entire process within the military prosecution and court lacked legitimacy from the outset, both procedurally and substantively. He referenced a prior pretrial ruling that ordered the Jakarta Metropolitan Police to continue investigating the acid-throwing incident involving Andrie Yunus, reinforcing the argument for civilian court jurisdiction.

We know that the superiors are the ones investigating, the superiors are the ones prosecuting, and the judges are also part of the military.

— Arif MaulanaExpressing concerns about impartiality within the military justice system.

Despite these arguments, the Military Court II-08 Jakarta found the four Bais TNI members guilty of premeditated assault causing severe injury. Sergeant Major Edi Sudarko received a three-year prison sentence and dismissal from service. Lieutenant One Budhi Hariyanto Widhi was sentenced to two years and six months and dismissed. Captain Nandala Dwi Prasetyo received two years, and Lieutenant One Sami Lakka was sentenced to one year and six months, with the latter two not being dismissed from military service.

So procedurally, this case should have been processed based on the jurisdiction of the general court, not through the military court.

— Mustafa LayongArguing for the primacy of civilian courts in this case.
DistantNews Editorial

Originally published by Tempo in Indonesian. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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