THE AUTHORITY OF MILITARY COURTS IN PROSECUTING COMMON CRIMES COMMITTED BY ARMED FORCES PERSONNEL: A COMPARATIVE LEGAL STUDY OF INDONESIA, THE UNITED STATES, AND THE NETHERLANDS
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Abstract
This article examines the legal authority of military courts in Indonesia to prosecute common crimes committed by members of the armed forces, using a comparative legal analysis with the United States and the Netherlands. While Indonesia retains broad military jurisdiction, including over offenses not inherently related to military duties, democratic jurisdictions like the U.S. and the Netherlands have implemented robust safeguards or jurisdictional limits to ensure judicial accountability and human rights compliance. Drawing upon legal statutes, human rights reports, and precedent cases, this study finds that the Indonesian system risks undermining due process and public trust due to limited transparency and the absence of civilian oversight. The United States, through the Uniform Code of Military Justice (UCMJ), embeds multiple layers of civilian control, while the Netherlands has fully integrated military justice into the civilian judiciary since 1991. The article concludes that Indonesia should restrict military jurisdiction to strictly service-related offenses and transfer all common crime cases involving military personnel to civilian courts. Such reform would align national practices with international human rights obligations and enhance public confidence in the justice system.
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