Jakarta – The Corruption Eradication Commission, or KPK, now has the authority to handle corruption cases involving active members of the Indonesian Military (TNI). The Constitutional Court (MK) solidified this authority through decision number 87/PUU-XXI/2023, which was finalized on Friday, August 29, 2024.
KPK Deputy Chair Nurul Ghufron said the anti-corruption body would discuss the decision with Defense Minister Sjafrie Sjamsoeddin and TNI Commander Gen. Agus Subiyanto. Ghufron said, “With the MK decision, the KPK will coordinate with the Minister of Defense and also the TNI Commander to follow up on the technical regulation of its implementation,” as stated in a written statement on Friday, August 29, 2024.
According to Ghufron, corruption cases involving civilians and the military have often been handled separately. The KPK, he said, only handles civilian suspects, while TNI members are processed through military courts. “In the implementation, if the legal subject consists of civilians and the TNI, the cases are split,” Ghufron said.
He viewed that such separation could potentially lead to legal disparities as well as ineffective and inefficient justice. Therefore, the MK decision can strengthen the KPK’s authority to handle corruption cases. “This MK decision affirms the KPK’s authority to conduct legal proceedings regarding related cases, which have been conducted by the KPK from the beginning of their disclosure,” Ghufron said.
The KPK’s investigation of corruption cases involving TNI personnel has been controversial in the past. This is because the anti-corruption agency is seen as overstepping military jurisdiction when dealing with cases involving active-duty soldiers.
