Support for the court's ruling
Speaking at the Youth Pledge Museum in Central Jakarta on October 25, 2026, Hasto said: "We fully support this part of the Constitutional Court's decision. It is part of the rule of law, which places every citizen on equal footing before the law."
The court announced its decision on October 15, finding Law No. 31 of 1997 on Military Courts inconsistent with the 1945 Constitution. It declared the law conditionally without binding legal force unless it is revised within two years of the ruling's announcement.
The Indonesian National Armed Forces (TNI) has also said it accepts the ruling. According to DW Indonesia, Major General Muhammad Nas, head of the TNI Public Information Center, said on October 16 that the military respects and complies with all Constitutional Court decisions. He described TNI as a law-abiding state institution committed to upholding the rule of law in Indonesia.
Which cases belong in military courts?
The distinction between military offenses and general crimes is central to the court's reasoning. As reported by DW Indonesia, the court held that military jurisdiction depends on the specialized nature of an offense, rather than simply on whether the accused is a TNI soldier. General crimes covered by the Criminal Code (KUHP), it said, should go before general courts even when committed by soldiers.
The court allowed for a narrowly defined exception: general crimes committed by TNI soldiers during wartime in a combat zone could still be heard by military courts. Any provision extending military jurisdiction to those cases must be specific and limited.
The required changes extend beyond that division of jurisdiction. According to CNN Indonesia, the court also called for military courts to be fully unified "under one roof," rules governing combat military courts, and changes to procedural law. The revision must provide a way to settle disputes over which court has jurisdiction, referring to Article 43(3) and Article 127 of the 1997 law.
DW Indonesia identified the ruling as Decision No. 260/PUU-XXIII/2025, issued on a judicial review petition from Lenny Damanik and Eva Meliani Br Pasaribu. Damanik is the mother of MHS, a 15-year-old junior high school student who died after being beaten by Sertu Riza Pahlivi. Eva Meliani is the child of journalist Rico Sempurna Pasaribu, who was killed by being set on fire in Karo.
Lawmakers seek preparations before the deadline
Commission I of Indonesia's House of Representatives (DPR) has urged the Ministry of Defense and TNI to begin preparing substantive proposals rather than wait until the two-year deadline approaches.
Commission I Deputy Chairman Dave Laksono of Golkar told reporters on October 23: "We will encourage the Ministry of Defense and TNI to prepare substantive inputs and coordinate with the Ministry of Law." The revision is to address the court's requested distinction between military and general offenses while ensuring justice, strengthening accountability, and maintaining the professionalism of TNI personnel.
Dave also said Commission I would work with the DPR Legislation Body (Baleg) and the government to put the revision in the Priority National Legislation Program (Prolegnas Prioritas). He called for public participation in the process.
Previous efforts remain unfinished. According to E-Media DPR RI, Commission XIII Deputy Chairman Andreas Hugo Pareira of PDI-P said in February that earlier discussions had continued until 2009, when only two articles concerning investigation and prosecution remained unresolved. He also noted at that time that the revision was absent from the 2026 National Legislation Program.
At a February 9, 2026, public hearing, Commission XIII heard from the Civil Society Coalition and IMPARSIAL. The groups urged lawmakers to revise the law, presenting cases of violence and military court proceedings they considered unjust and inhumane.
