Indonesia’s Constitutional Court Gives Parliament Two Years to Reform Military Justice Law

JAKARTA — Indonesia’s Constitutional Court (Mahkamah Konstitusi or MK) has ordered the House of Representatives (DPR) and the government to revise Law No. 31 of 1997 on Military Courts within a maximum of two years, paving the way for clearer jurisdiction over ordinary criminal offenses allegedly committed by Indonesian National Armed Forces (TNI) personnel.

The ruling in Case No. 260/PUU-XXIII/2025 was delivered by Chief Justice Suhartoyo at the Constitutional Court building in Jakarta on Thursday, October 15, 2026. The court granted in full the petitions filed by Lenny Damanik and Eva Meliani Br. Pasaribu.

The decision addresses a longstanding question in Indonesia’s military justice system: whether military personnel accused of ordinary crimes should be tried in civilian courts or remain under military jurisdiction.

Indonesia’s Constitutional Court Clarifies Military and Civilian Court Jurisdiction

In its legal reasoning, the Constitutional Court emphasized that judicial jurisdiction should be determined by the nature of the alleged offense rather than solely by the accused person's status as a member of the military.

Under this principle, ordinary criminal offenses allegedly committed by TNI personnel should fall under civilian court jurisdiction, while offenses specifically related to military law should remain within the military justice system.

The court also declared Law No. 31 of 1997 conditionally unconstitutional. The law will lose its binding legal force if the required amendments are not completed within a maximum of two years from the date of the ruling.

The responsibility for revising the legislation rests with the DPR and the Indonesian government. The amendment is expected to establish clearer legal boundaries between military and civilian courts when handling criminal cases involving military personnel.

TNI Deputy Commander Says Military Will Review the Ruling

Responding to the decision, TNI Deputy Commander General Maruli Simanjuntak said the military would study and discuss the ruling before determining its next steps.

The decision has prompted renewed attention to the future of Indonesia’s military justice system and the division of authority between civilian and military courts.

The government and the DPR must now determine how to translate the court’s constitutional interpretation into revised legislation that provides legal certainty and complies with the ruling.

Petitioners Welcome the Decision as a Step Toward Justice Reform

The constitutional challenge was filed by Lenny Damanik, the mother of a junior high school student identified by the initials MHS, who died after being assaulted by a TNI soldier, and Eva Meliani Br. Pasaribu, the daughter of journalist Rico Sempurna Pasaribu.

Rico Sempurna Pasaribu died in a house-burning incident in Karo Regency, North Sumatra.

Both petitioners challenged provisions of the Military Courts Law that they argued created problems in determining the appropriate judicial forum for ordinary criminal offenses allegedly committed by military personnel.

Following the ruling, their lawyer, Irvan Saputra, welcomed the decision as an important step toward reforming Indonesia’s military justice system.

Eva Meliani also expressed hope that the decision would create an opportunity for the case related to her father’s death to be handled through the civilian justice system.

Social Media Users Support Equal Treatment Under the Law

The Constitutional Court’s decision has also drawn attention on social media, with some users expressing support for equal treatment under the law, including for members of the security forces.

One user, operating under the account @indonesiajaya1819, called for tougher penalties for law enforcement officers and state personnel who commit crimes, writing: “AND THE SENTENCE SHOULD BE DOUBLED BECAUSE THEY ARE STATE OFFICIALS, IN ADDITION TO DISHONORABLE DISMISSAL.”

Another user, @merahmuda-v3i, questioned why the reform had not been introduced earlier. The comment reportedly received 295 replies.

Meanwhile, @AhmadIrfan-s3i welcomed the ruling, writing: “Good, this is progress in the law, so officials won’t act arrogantly and can set a good example.”

These comments represent the views of individual social media users and should not be interpreted as representative of public opinion as a whole.

Two-Year Deadline Puts Military Justice Reform on Legislative Agenda

The ruling places the revision of Law No. 31 of 1997 on the legislative agenda of Indonesia’s DPR and government, giving them a maximum of two years to establish a revised legal framework.

The central issue is how to ensure that ordinary criminal cases involving military personnel are handled according to the nature of the alleged offense, while preserving military jurisdiction for offenses specifically governed by military law.

The effectiveness of the reform will depend on the legislative process and the detailed provisions adopted in response to the court’s decision.

For Indonesia, the next stage is to translate the Constitutional Court’s ruling into clear and enforceable legislation that strengthens legal certainty, accountability, and the principle of equality before the law.