Annals of Justice and Humanity

Legal analysis of change of gender of TNI soldiers from the perspective of Military Administrative Law

Irfan Rifa’i — 2025-05-07

Purpose: Gender reassignment has become a complex and sensitive issue in various aspects of life, including in the military context. This study is motivated by the case of Sergeant First Class Aprilio Perkasa Manganang, who underwent gender reassignment based on Law Number 23 of 2006 concerning Population Administration without any specific regulation in military law.

Research methodology: This study uses a normative juridical method with a statutory regulatory approach and conceptual analysis.

Results: The results of the study indicate that currently there are no regulations that specifically regulate gender reassignment for TNI soldiers. However, the TNI institution strictly prohibits gender reassignment for its soldiers, considering the importance of stability, discipline, and order in the military environment. This prohibition is based on the principle that TNI soldiers must live their lives in accordance with their initial identities that have been determined in the recruitment process. Further analysis shows that although Law Number 23 of 2006 concerning Population Administration accommodates gender reassignment, this regulation cannot be applied directly in the military context. Therefore, special regulations are needed that clearly regulate the prohibition of gender reassignment for TNI soldiers as well as administrative procedures that support this policy.

Conclusions: This study concludes that regulations prohibiting gender reassignment for TNI soldiers need to be strengthened in military administrative law to ensure legal certainty and discipline in military institutions. In addition, there needs to be a clear monitoring and implementation mechanism to prevent abuse and maintain the integrity and professionalism of TNI soldiers.

Legal analysis of Judge's considerations in the decision of expiration of prosecution to be resolved legally in military discipline (Case Study Decision of the Main Military Court Number:27-K/PMU/BDG/AD/VI/2023)

John Hesekiel Simanjuntak — 2025-05-07

Purpose: the author is interested in conducting this research; One of the problems related to the dilemma between formal or material categories can be seen related to the expiration date.

Research methodology: This research is a normative legal research by discussing case studies of existing court decisions and is linked to applicable provisions and regulations and the opinions of legal scholars.

Conclusions: The conclusion of this study is that the statute of limitations (verjaring) is regulated in Article 78 of the Criminal Code (KUHP) which is in fact the time limit for the public prosecutor to exercise his prosecution authority. In fact, the statute of limitations is a material aspect that is considered no longer needed for criminalization because it exceeds the time. However, there is an opinion that considers that the statute of limitations is a formal scope, because it is related to the administration of a case, not the main material of the case. On this basis, it can be seen that there are differences of opinion regarding the scope of the statute of limitations, which is in fact debated between the material or formal realm.

Legal analysis of determination of the status of evidence in the criminal case of corruption of TWP AD in the Supreme Court's Cassation Decision Number 407-K/MIL/2023

Muchlis Harianto — 2025-05-07

Purpose: Corruption is a serious problem in various countries, including Indonesia. Determination of the status of evidence in corruption cases has great significance for all parties involved. The corruption case of TWP AD at the cassation level stipulates that certain evidence is confiscated for the state. While at the first level and appeal level decisions, the evidence is confiscated for the state C.q. TWP AD.

Research Methodology: This study uses a normative legal research type, namely legal research conducted by examining library materials or secondary data through library research.

Results: Changes in the determination of the status of evidence at the cassation level are based on Article 18 paragraph (1) letter a in conjunction with Article 38 B paragraph (2) of the Corruption Eradication Law without considering the provisions of Article 19 paragraph (1) and the real impact on the recovery of losses experienced by the Indonesian Army. The evidence should be returned to the rightful party, in this case the Indonesian Army through TWP AD considering that the source of funds for TWP AD comes from deductions from the salaries of Soldiers and Civil Servants in the Indonesian Army environment every month. In addition, additional criminal penalties in the form of replacement money should also be deposited to the state C.q. TWP AD, because both the evidence and the replacement money are the result of corruption. Minister of Finance Regulation No. 145 / PMK.06 / 2021 regulates that the parties authorized to submit proposals for the management of confiscated state goods to the Minister of Finance are the Prosecutor's Office, the Corruption Eradication Committee, and the Auditorate. Bureaucratic procedures and processes are obstacles to the effective implementation of the Minister of Finance Regulation.

The urgency of the existence of a storage house for state confiscated items in the military court environment

Muhammad Tri Hakbari — 2025-05-08

Purpose: The Storage House for Confiscated State Goods (Rupbasan) within the Military Court environment is regulated in Article 93 paragraph (1) of Law Number 31 of 1997 concerning Military Courts, which furthermore delegates the TNI Commander to issue a Decree of the TNI Commander regulating Rupbasan within the Military Court environment, but in reality 27 years have passed since this law came into effect until now the Rupbasan within the Military Court environment has not been felt to exist because there has been no Decree of the TNI Commander regulating Rupbasan. This is urgent because Rupbasan is a place designated by law for the storage of confiscated state goods and state looted goods with the aim that these goods are stored properly during the ongoing legal process and can be used as evidence or returned to their owners after the completion of the legal process based on a court decision.

Research Methodology: This research is a normative legal research using comparative law at the Ministry of Law and Human Rights (Kemenkumham) and the Corruption Eradication Commission (KPK).

Conclusions: The conclusion of this study is that there is no specific regulation governing the Rupbasan in the Military Court environment. The absence of this regulation creates a legal vacuum that has an impact on the management of evidence in the Military Court environment which is still carried out by the ranks of the Oditurat. Compared to the Rupbasan under the Ministry of Law and Human Rights and the Corruption Eradication Commission, the Military Court appears to be lagging behind in terms of the regulation and implementation of the Rupbasan. The management of confiscated objects in the Ministry of Law and Human Rights and the Corruption Eradication Commission has been regulated in detail through various regulations and standard operating procedures, while the Military Court still faces legal uncertainty in the management of confiscated objects. The creation of legal products in the TNI environment must be guided by the TNI Commander Regulation Number 43 of 2015 concerning the Formation of Legal Products in the Indonesian National Army Environment as amended by the TNI Commander Regulation Number 48 of 2018 concerning Amendments to the Regulation of the Indonesian National Army Commander Number 43 of 2015 concerning the Formation of Legal Products in the National Army Environment.

Juridical Analysis of the Acquittal (Vrijspraak) Verdict for a TNI Soldier Committing the Crime of Adultery in the Military Judicial System (Case Study of Military Court Decision No. 10-K/PM II-08/AL/I/2023)

Oktavianus Deni — 2025-05-08

Purpose: This study aims to examine the legal application in adultery cases involving TNI soldiers and analyze the indictment elements in Military Court Decision No. 10-K/PM II-08/AL/I/2023.

Research Methodology: The research used is normative legal research or also called doctrinal legal research, namely research whose data sources are only secondary data.

Results: The crime of adultery in the case of decision Number 10-K / PM II-08 / AL / I / 2023, that the processing of the case carried out by the military auditor on the case which was legally and convincingly proven was obtained through the examination report, the military auditor's demands regarding the proof of the elements of the indictment were declared unacceptable, because the military auditor in compiling the indictment used Article 281 point 1 of the Criminal Code alone, the indictment should have been compiled alternatively using Article 248 or 281 point 1 of the Criminal Code. So that in the application of the processing of the case there is an imbalance or inequality within the scope of the military auditor himself, with the author then making a legal comparison of the decisions that have permanent legal force that occurred in the military court environment.