Major ruling in Indonesia

Indonesia's Constitutional Court has handed down a landmark decision invalidating parts of the military justice system and giving the government an opportunity to pass remedial legislation. Human Rights Monitor reports on the decision here. Excerpt:

On 15 October 2026, Indonesia’s Constitutional Court delivered Decision No. 260/PUU-XXIII/2025 on Law No. 31/1997 on the Military Judiciary. The Court declared the Act conditionally inconsistent with Article 24(1) and Article 28D(1) of the 1945 Constitution. Those provisions guarantee an independent judiciary and equality before the law. The case was brought by two petitioners, Mr Lenny Damanik and Mrs Eva Melina Br. Pasaribu, through judicial review of the Act.

The Act remains unconstitutional unless the House of Representatives (DPR) and the Government amend it within two years of the ruling, that is by October 2028. The amendments must clarify the distinction between military offences and general criminal offences, define which court has jurisdiction over cases involving personnel of the Indonesian National Armed Forces (TNI), and reform the military justice system as a whole.

The ruling is significant. Under the current Act, jurisdiction follows the status of the accused rather than the nature of the offence. Military personnel accused of an ordinary crime against a civilian, such as assault or murder, is tried by a military court, not a civilian one.

Kompas.com has this additional report. Excerpt:

According to Abdul Fickar, the MK's ruling reinforces the principle that TNI personnel accused of military crimes should be tried in military courts, while those charged with common crimes should be prosecuted in civilian courts. He noted that historically, both military-related crimes and general offenses committed by TNI personnel have been adjudicated in military courts. This situation, he argues, has drawn public attention, as general crimes committed by TNI personnel should be handled through the civilian judicial system. 

"Yes, it is indeed a momentum. Because up until now, whether it’s a military crime or a common crime like that of Andri Yunus and others, all have been tried in military courts. They should be tried in civilian courts," Abdul Fickar stated in an interview with Kompas.com on Friday (16/10/2026). 

Abdul Fickar explained that changing the judicial system requires an amendment to the Military Justice Law. The MK's ruling is seen as a catalyst to expedite the development of fairer regulations. “The Constitutional Court's decision also urges the Parliament to swiftly amend the Military Justice Law to ensure that it focuses solely on adjudicating military offenses committed by military personnel,” he said.