TNI soldiers at police HQ could be obstruction of justice

The appearance of dozens of Indonesian National Armed Forces (TNI) soldiers at the Polda Metro Jaya police headquarters has raised concerns about potential obstruction of justice. Legal experts are weighing in on the implications of the military's presence at the police facility.

Maria Silvya E. Wangga, head of the Criminal Law Study Center at Trisakti University, stated that the soldiers' actions could fall under obstruction of justice if their objective was to retrieve evidence seized by the Polda Metro Jaya's Special Criminal Investigation Directorate. This directorate is handling a case involving the former Junior Attorney General for Special Crimes, Febrie Adriansyah.

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If the arrival of the soldiers at Polda Metro was to request evidence, this is not the domain of the TNI, unless the case involves military justice or connection.

Wangga clarified that managing, seizing, and requesting evidence in criminal cases is solely within the purview of investigators. However, she noted that if the TNI's presence was purely for inter-agency coordination, it might be considered a routine matter. Obstruction of justice, as defined by Indonesia's Corruption Eradication Law, involves intentionally hindering investigations, prosecutions, or trials.

The situation is further complicated by reports of TNI soldiers guarding Febrie Adriansyah's residence. Wangga suggested this guarding could be within the scope of their duties, provided it remained passive and did not impede official searches by investigators. The TNI has reportedly denied the allegations of obstruction.

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If the TNI soldiers there were only passively guarding to secure personnel and did not hinder investigators during official searches, this action cannot be categorized as obstruction of justice.