DIKTUM: JURNAL SYARIAH DAN HUKUM
Vol. 25 No. 1 (2027): DIKTUM: Jurnal Syariah dan Hukum

Reimagining Military Justice in Indonesia: Progressive Law, Islamic Legal Ethics, and the Governance of Soldier Punishment

Budi Pramono (Universitas Hang Tuah Surabaya)
Asmuni (Universitas Hang Tuah Surabaya)



Article Info

Publish Date
31 Aug 2026

Abstract

Background: The Indonesian National Armed Forces personnel’s criminal penalty is still mostly governed by the Dutch colonial law, the Military Criminal Code. It creates a vacuum between military criminal law and the present Indonesian legal order, especially following the enactment of Law No. 1 of 2023 about the Indonesian Criminal Code. The problem is not merely doctrinal but also socio-legal, because military punishment operates within military hierarchy, institutional culture, and broader public expectations of justice, because the military punishment works within the military hierarchy, institutional culture, public expectations of justice, and Islamic legal norms as a living legal system in Indonesian Muslim society.   Purpose:  This study reconceptualizes military punishment in Indonesia by examining the relationship between progressive law, Islamic legal ethics, and the institutional governance of soldier punishment   Methods: This study employs doctrinal legal research informed by socio-legal and interdisciplinary perspectives. It adopts a legislative, conceptual and socio-legal approach. Legal materials used to study the interplay between legal norms, military institutions and lived Islamic values include primary, secondary and non-legal materials that interpret, systematize and assess.   Results: The study indicates that military punishment should not be confined to retribution or institutional discipline. It is to be legal correction, moral instruction, rehabilitation, and public protection.  The study proposes a framework that integrates substantive justice, Islamic ethical evaluation, institutional accountability, and judicial independence in soldier punishment   Implication:  Military criminal law reform should be directed to a paradigm of sustainable justice, which reconciles military discipline and ethical accountability, legal certainty and social legitimacy, state power and Islamic lived values. Originality:   This study provides a socio-legal paradigm to connect progressive legislation, military ethics, Islamic lived law, and responsive government in improving Indonesian military punishment  

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Journal Info

Abbrev

diktum

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Family in Law, Islamic Law, Islamic Jurisprudence Studies, Islamic Economy Law, Islamic Political Jurisprudence, Islamic Comparative Law and Islamic ...