Indonesian Journal of Law and Policy Studies
Vol. 6 No. 1 (2025): Indonesian Journal of Law and Policy Studies

Challenging Military Court Jurisdiction Over Corruption Cases After Criminal Law Enforcement

Suartini Suartini (Universitas Al Azhar Indonesia)
Rijal Ibnu Sani (Universitas Muhammadiyah Tangerang)



Article Info

Publish Date
12 Feb 2026

Abstract

The main issue in this research is the dualism of absolute jurisdiction in handling corruption cases involving Indonesian National Armed Forces personnel. Although the anti-corruption legal framework forms a unified lex specialis system, such cases are often tried in Military Courts, which lack key instruments like investigations by the Corruption Eradication Commission and Ad Hoc Corruption Judges. This study aims to challenge the procedural legality of Military Courts in adjudicating corruption cases and highlights the need to unify corruption adjudication. Using normative legal research with statutory and conceptual approaches, it identifies conflicts between Military Court Law and national anti-corruption laws. The findings show that the absence of specific anti-corruption mechanisms in the military leads to procedurally flawed decisions and violates equality before the law. Therefore, all corruption cases should be handled by the Corruption Court as a single forum. Referring to Article 65(2) of the Indonesian National Armed Forces Law, soldiers must be subject to general courts for general crimes, including corruption. Thus, jurisdictional unification is essential to ensure legal certainty, transparency, and effective anti-corruption enforcement in Indonesia.

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Journal Info

Abbrev

IJLP

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aim Indonesian Journal Of Law and Policy Studies is to offer a venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of ...