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🇮🇩 Indonesia /Conflict & Security

Military Court Asserts Jurisdiction Over Acid Attack Case Amidst Transparency Concerns

From Tempo · (3d ago) Indonesian Critical tone

Translated from Indonesian, summarized and contextualized by DistantNews.

TLDR

  • The Indonesian Military Court II-08 Jakarta has received a case dossier regarding an acid attack on Andrie Yunus, transferred from the Military Prosecutor’s Office.
  • The court asserts it has jurisdiction because the four defendants are members of the Indonesian National Armed Forces (TNI) and the incident occurred within its territorial limits.
  • Andrie Yunus's legal counsel argues the case should be tried in a civilian court, citing a lack of transparency and alleging the military court is being used to shield perpetrators and obscure facts.

The Indonesian Military Court II-08 Jakarta has taken custody of the case file concerning the acid attack on Andrie Yunus, a transfer from the Military Prosecutor’s Office. Presiding Judge Colonel Fredy Ferdian Isnartanto confidently stated that the military court possesses both absolute and relative jurisdiction over the matter. He emphasized that a civilian court would be inappropriate and could lead to the case's dismissal, highlighting the military status of the four defendants—Captain NDP, First Lieutenant BHW, First Lieutenant SL, and Second Sergeant ES—as grounds for military jurisdiction, particularly as cases involving officers fall under the High Military Court II Jakarta.

If this were handled in a civilian court, it would not be appropriate and the legal process would not proceed. It could even be rejected by the district court.

— Colonel Fredy Ferdian IsnartantoThe head of the Military Court II-08 Jakarta explaining the court's jurisdiction over the acid attack case.

The incident, which occurred on March 12 on Salemba Street in Central Jakarta, firmly places the case within the court’s territorial purview. Judge Isnartanto’s statements underscore the military justice system's stance on handling cases involving its personnel, asserting that such matters are best addressed within their own established legal framework to ensure proper legal process and avoid potential rejection by civilian courts.

Cases involving officers fall under the High Military Court II Jakarta. So I can confirm this is within our authority.

— Colonel Fredy Ferdian IsnartantoThe head of the Military Court II-08 Jakarta justifying the military court's jurisdiction based on the rank of the defendants.

However, this assertion is met with strong opposition from the Advocacy Team for Democracy (TAUD), legal counsel for Andrie Yunus. TAUD has publicly urged the military court to reject the dossier, citing a severe lack of transparency and accountability in its compilation. They argue that Andrie has been kept in the dark regarding the investigation's progress and vehemently objects to a military trial, labeling it a 'sanctuary for impunity.' TAUD suspects the swift transfer to military court is a deliberate tactic to shield those responsible, obfuscate the truth, and evade public scrutiny. Their investigation suggests a larger group of at least 16 individuals was involved, contrasting sharply with the four named suspects, raising serious concerns about a cover-up and the potential for impunity within the TNI for ordinary crimes.

This transfer further demonstrates efforts to create impunity for TNI personnel involved in ordinary crimes.

— Muhammad IsnurA representative from the Advocacy Team for Democracy (TAUD) expressing concern over the case being transferred to military court.
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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