Indonesia military court law reform

The Indonesian Constitutional Court ruled that Law Number 31 of 1997 concerning the Military Court is unconstitutional in a conditional sense. In Decision Number 260/PUU-XXIII/2025, the Court mandated that the government and the House of Representatives (DPR) must revise the law within two years to maintain its legal force. The required revisions must establish clear distinctions between military and general crimes and delineate jurisdiction between military and general courts regarding offenses committed by Indonesian National Armed Forces (TNI) personnel. The ruling also requires addressing the unification of the military court system and necessary procedural law adjustments.

Following the ruling, the DPR Commission I and the PDI Perjuangan (PDIP) party expressed support for the legislative changes. Commission I members, including Dave Laksono and Nurul Arifin, emphasized that the revision is necessary to clarify the boundaries between military and general criminal offenses to strengthen accountability. PDIP Secretary General Hasto Kristiyanto suggested that personnel holding civilian positions must be subject to the civilian judicial system to uphold the principle of equality before the law.

In response to the mandate, Minister of Law Supratman Andi Agtas has instructed the Directorate General of Legislation to conduct a comprehensive legal analysis of the decision. The Ministry of Law is currently reviewing the ruling to determine coordination steps with the DPR. The revision process is expected to involve coordination between the Ministry of Defense, the Ministry of Law, and the DPR, while the TNI has expressed its commitment to complying with the ruling.