A troubling gap in Indonesia's military administrative law

A recent article published in Devotion: Journal of Research and Community Service sheds light on a troubling gap between the promise of justice for members of Indonesia's armed forces (TNI), when they have a complaint or grievance concerning their treatment by command, and what is actually delivered. According to the author, although Indonesia's legislature enacted a law in 1997 which provides for a judicial process to hear such complaints, that process is inoperative because the necessary enabling regulations have not been made. That is despite the fact that the 1997 law required those regulations to be made by the end of 2000, i.e., almost a quarter century ago.

The article draws on a small number of cases where serving personnel have attempted (unsuccessfully) to bridge this apparent gap by filing proceedings in the ordinary courts of Indonesia. That is likely to be the tip of a very large iceberg. Complaints or grievance systems are necessary parts of the administrative infrastructure of all effective armed forces, particularly in democracies such as Indonesia. If members of the armed forces do not have a proper channel, which they perceive to be fair, in which to air their grievances, that is likely to be seriously corrosive of morale - one of the key foundations on which effective armed forces are built. The article suggests alternative dispute resolution, which does have its advantages and may be a partial solution, but is unlikely to bridge the gap in every case.

The article also highlights a gap between the rights guaranteed to all citizens by Indonesia's constitution, and the treatment actually afforded to members of the TNI. Regrettably, that is far from an uncommon occurrence when we survey the global picture at the end of the first quarter of the 21st century. Perhaps there is scope for a constitutional challenge in the Indonesian courts?