Irwan Sanjaya Putra and Niken Wahyuning Retno Mumpuni have written Analysis of the Institutional Position of Military Judges Against the Independence of the Indonesian Military Courts, 5 Jurnal Nurani Hukum: Jurnal Ilmu Hukum 190 (Dec. 2022). Excerpt from the abstract:
Military judges indirectly stand on two legs institutionally, because both the Supreme Court and the TNI have the same role in determining the career path of military judges. In that case, military judges still have great potential for intervention. Several factors affect the independence of military judges in carrying out their duties within the scope of military justice. Military judges indirectly stand on two legs institutionally, because both the Supreme Court and the TNI have the same role in determining the career path of military judges. In this regard, the military courts in Indonesia are not yet fully considered an independent judiciary. This is because several factors that have great potential in determining a judge can be intervened by another party (executive).
The authors conclude:
The power factor that currently exists is the dominance of the TNI over the career path of military judges in terms of promotion, position and some of its financial elements put pressure on the judge so that the legal decisions made are not following the judge's conscience. In addition, the dominance of the TNI in terms of the military justice system, which oversees the body that has the authority from investigation to correctional terms, makes the role of military judges in giving legal considerations very important.
If judges in carrying out their duties have the potential to intervene, the independence of the military court will not be created. makes the role of military judges in giving legal considerations very important. If judges in carrying out their duties have the potential to intervene, the independence of the military court will not be created. makes the role of military judges in giving legal considerations very important. If judges in carrying out their duties have the potential to intervene, the independence of the military court will not be created.
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