Journal of Contemporary Law Studies
Vol. 3 No. 4 (2026): Agustus

Urgensi Pengadilan Umum dalam Penanganan Kekerasan Aparat TNI terhadap Aktivis HAM: Analisis Yuridis

Bread Jackson Sirait (Universitas Dirgantara Marsekal Suryadarma)



Article Info

Publish Date
30 Aug 2026

Abstract

Violence committed by Indonesian National Armed Forces (TNI) officers against human rights activists raises issues regarding judicial jurisdiction and the potential for impunity due to the ongoing dualism between military and general courts. This study aims to analyze the regulation of jurisdictional authority between the two judicial environments in handling criminal acts of violence committed by TNI officers against human rights activists and examine the normative problems that lead to impunity. This study is a normative legal study with a statutory, conceptual, and case approach, which is analyzed qualitatively. The results show that jurisdictional regulations are still experiencing disharmony between Law Number 31 of 1997 concerning Military Justice and MPR Decree Number VII/MPR/2000, thus giving rise to legal uncertainty. In addition, the broad jurisdiction of military justice, the absence of clear boundaries between military crimes and general crimes, conflicts of interest within the military justice structure, and the lack of synchronization of institutional reforms are the main factors causing impunity. Therefore, military justice reform is needed by limiting its authority to military crimes, while general crimes committed by TNI personnel against civilians fall under the jurisdiction of general courts.

Copyrights © 2026






Journal Info

Abbrev

lawstudies

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Contemporary Law Studies ISSN 3030-8097 is a comprehensive and systematic scholarly platform dedicated to advancing research and discourse in the field of contemporary law. This journal serves as a critical resource for legal scholars, practitioners, and policymakers, fostering a deeper ...