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All Journal INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES WAJAH HUKUM Jurnal Cahaya Mandalika Jurnal Humaya: Jurnal Hukum, Humaniora, Masyarakat, dan Budaya COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Jurnal Hukum Sehasen Jurnal Ilmu Multidisplin Reformasi Hukum Trisakti Aurelia: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia Indonesian Research Journal on Education Al-Zayn: Jurnal Ilmu Sosial & Hukum Amicus Curiae Jurnal Studi Multidisiplin Ilmu Lentera Negeri
Prastopo, Prastopo
Military Law College, East Jakarta Indonesia
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Reformasi Sistem Peradilan Militer Indonesia Tiarsen Buaton; Agustinus Purnomo Hadi; Prastopo Prastopo; Ateng Karsoma; M. Ali Ridho
Jurnal Studi Multidisiplin Ilmu Vol 2 No 1 (2024): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jasmi.v2i1.3517

Abstract

Purpose: Reform of the military justice system (criminal law enforcement) is essentially part of the idea of law reform. Law reform not only includes "legal substance reform" and "legal structure reform", but also "legal culture reform". Therefore, the reform of the military criminal law system must also be accompanied by a renewal of military legal culture, which includes, among others, updating the cultural aspects of legal behavior and legal awareness related to "military culture" and updating the aspects of military legal education/science Methodology: Thus, "legal behavior, legal, science and legal education reform" is also needed. This paper will discuss Military Justice Reform in Indonesia, by conducting a comparative study with existing military justice systems in various countries. Results: This article concludes that the prospect of the position of military justice in Indonesia after the administrative, organizational and financial fields are in the Supreme Court will make military justice better and more independent. Its administration and organization will be better organized in line with other courts.
Position and Jurisdiction of Military Courts in Indonesia Tiarsen Buaton; Agustinus Purnomo Hadi; Prastopo Prastopo; M. Ali Ridho; Ateng Karsoma
Jurnal Studi Multidisiplin Ilmu Vol 2 No 1 (2024): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jasmi.v2i1.3518

Abstract

Purpose: Analyze the scope of jurisdiction and authority of military courts over cases involving military personnel and other related issues adan Assess how military courts interact with civilian courts and the implications for justice and military discipline. Method: Conduct interviews with legal experts, military personnel, and practitioners in the field of military justice to gather insights on the functioning and challenges of military courts. Result: A detailed explanation of how military courts are situated within Indonesia's judicial hierarchy, including their relationship with civilian courts and the constitutional basis for their existence. An outline of the specific types of cases military courts are authorized to handle, including criminal offenses committed by military personnel, disciplinary matters, and other related issues. Insights into how military courts operate in practice, including procedural aspects, the role of military judges, and the enforcement of military justice.
Jurisdictional Ambiguity over Corruption Crimes Committed by Military Personnel under Indonesia’s New Criminal Law Framework Hadi, Agustinus Purnomo; Prastopo, Prastopo; Novita, Maya Sri; Ridwan, Ridwan
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 10, No 1 (2026): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v10i1.29436

Abstract

The enactment of Indonesia’s National Criminal Code raises a new legal issue concerning the jurisdictional position of corruption crimes committed by military personnel. The problem lies in determining whether the competent court should be based on the offender’s military status or on the special nature of corruption crimes, which involve state financial losses, abuse of public authority, institutional integrity, and public trust. This study uses normative juridical research with statutory, conceptual, and institutional approaches. The analysis examines the relationship between the National Criminal Code, anti-corruption legislation, military justice law, and selected court decisions involving corruption crimes committed by military personnel. The study finds that judicial practice still relies on military courts and connected-case mechanisms in handling such cases. However, these mechanisms have not fully resolved the ambiguity between offender-status-based jurisdiction and offense-based jurisdiction. This article argues that jurisdiction should be determined through a functional approach by considering the offender’s status, the nature of the offense, the object of loss, the lex specialis principle, public accountability, and the institutional purpose of anti-corruption adjudication. Military courts should remain relevant for offenses directly related to military discipline and command, while corruption crimes that harm state finances and public integrity should retain their special character within the national criminal justice system.
Independent investigation and inquiry body as a solution for the protection of citizens’ human rights Prastopo, Prastopo; Hadi, Agustinus Purnomo; Rita, Jelli; Jaeni, Ahmad; Sugianor, Sugianor
Lentera Negeri Vol. 7 No. 1 (2026): Lentera Negeri
Publisher : Indonesian Institute For Counseling, Education and Therapy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/991770

Abstract

The protection of human rights in criminal procedure requires not only formal legal guarantees but also an institutional design capable of ensuring independent and impartial investigations. In Indonesia, the concentration of investigative authority within the Indonesian National Police (POLRI) raises concerns regarding the effectiveness of such independence. This study aims to examine whether the current institutional framework under Law No. 20 of 2025 on the Criminal Procedure Code is capable of guaranteeing objective and accountable investigative processes. This research employs a doctrinal legal approach, using statutory and conceptual analyses based on legal materials collected through systematic library research. The analysis applies textual, systematic, and teleological interpretation, supported by deductive reasoning to evaluate the institutional design of investigative authority. The findings indicate that limitations of investigative independence stem from structural factors, including concentration of authority, budgetary dependence, hierarchical organizational culture, and weak oversight mechanisms. These conditions constrain objective law enforcement and weaken human rights protection. This study proposes an Integrated Oversight Framework that combines internal reform, judicial control, and public accountability as a layered model of oversight. However, the framework remains normative and requires further empirical validation and institutional feasibility analysis.
Co-Authors Agung Satria Susanto Agustinus Purnomo Hadi Ahmad Jaeni Ahmad Jaeni Budhi, Reza Santya Bungin, Sator Sapan Dharmaputra, Rio Perdana Dhimas Indra Anggoro Diah Arimbi Edwin Edwin Fachri Ardias Setiawan Hifni , Muchammad Huri, Sapwan Idris, Berlian Jefriansen Sipayung Kharisma, M. Zendi Kumala Sari M. Ali Ridho Makbul, A. Muhammad Faritza Ardeanny Kurniawan Mulyono Mulyono Mulyono Mulyono Novita, Maya Sri Prasetyo, Boedi Pratama, Alvinza Aditya Probowati, Dina Puspita Ridwan, Ridwan Rifai, Ibnu Shina Rita, Jelli Sanggel, Ade C I Sastria, Evan Sugianor, Sugianor