Disharmony Of Military Court Jurisdiction Over Ordinary Crimes By Indonesian National Armed Forces Personnel In The Perspective Of Equality Before The Law

Abstract

This study examines the disharmony of military court jurisdiction over ordinary crimes committed by Indonesian National Armed Forces (TNI) personnel through the principle of equality before the law. Using normative legal research with statutory and conceptual approaches, it analyzes the 1945 Constitution, the Military Court Law, the TNI Law as amended and the 2025 Criminal Procedure Code. The findings show that military jurisdiction remains status-based, while the transfer of ordinary crimes to general courts is deferred by transitional provisions. Harmonization therefore requires revision of the Military Court Law and operational inter-institutional transitional guidelines.