By Nazarudin Latif and Pizaro Gozali Idrus
The Indonesian armed forces may resist a landmark court ruling last month that gave the national anti-graft agency a greenlight to investigate corruption in the military, analysts are warning.
The military has long enjoyed autonomy in handling criminal cases involving its members, but that has contributed to a perception that it protects the armed forces from accountability, according to political observers.
Potential pushback from the Indonesian Armed Forces (TNI) to the newly expanded powers of the Corruption Eradication Commission(KPK) could manifest in a non-formal way, said Khairul Fahmi, a military analyst.
“The military may delay access to documents or witnesses, citing national security concerns,” Fahmi, with the Institute for Security and Strategic Studies (ISESS) in Jakarta, told BenarNews.
“Additionally, internal regulations within the TNI might not align with the KPK’s procedures, which could slow down investigations.”
On Nov. 29, the Constitutional Court ruled that the commission could pursue cases involving military personnel if the investigation began under the KPK’s jurisdiction. The ruling took immediate effect.
Cases initiated by other law enforcement agencies or within the military justice system would remain outside the KPK’s purview, the ruling said. Previously, military courts mostly maintained jurisdiction over cases related to the armed forces.
Indonesia’s military has maintained a judicial system that operates separately from civilian courts, with proceedings often shielded from public scrutiny, Fahmi noted.
“The military’s strong hierarchical culture often creates reluctance to involve external parties in internal matters, including corruption cases, as such involvement is perceived as a threat to its autonomy,” Fahmi said.
TNI spokesperson Maj. Gen. Haryanto said the military was studying the ruling.
“We will ensure that the enforcement of this decision adheres to principles of justice and transparency, without compromising our core duties of safeguarding the nation’s sovereignty,” he said.
The ruling also highlights the military’s entrenched power within Indonesian society and its dominance in the country’s political landscape, especially during the 32-year rule of President Suharto, the late dictator, analysts have said.
Any potential resistance to a shift in this power could also be shaped by the military’s internal culture, which prizes loyalty and hierarchy, they said.
These attributes may discourage whistleblowing or external oversight, as subordinates are unlikely to challenge superiors. This can, in turn, foster a culture of impunity, where corrupt practices are tolerated to maintain internal solidarity.
Such a situation has often led to the protection of officers involved in corruption, which creates a culture of impunity that is difficult to break, said Jaleswari Pramodhawardani, the head of Lab45, a political and security policy think-tank.
“Defense and security sectors are prone to corruption, but tackling these issues requires navigating intricate political dynamics and national security concerns,” Jaleswari told BenarNews.
She pointed out that the Ministry of Defense’s budget has often been criticized for its lack of transparency, further complicating efforts to monitor military spending effectively by adding another layer of difficulty in effective monitoring.
Alexander Marwata, a KPK deputy chairman, said the court’s ruling would lead to fair probes, the state news agency Antara reported.
“This decision reaffirms the KPK’s authority to investigate corruption cases, ensuring that those who were previously above the law, can be investigated fairly,” Marwata said.
KPK often has to halt inquiry
The Constitutional Court’s ruling marks an opportunity to address longstanding cases of military corruption that have been sidelined because of the secrecy of military courts, according to Julius Ibrani, director of the Indonesian Legal Aid Foundation (PBHI).
“Many corruption cases have faced difficulties due to national security concerns and the exclusive military court system,” Julius told BenarNews.
He cited past cases, such as an investigation into then-Vice Marshal Henri Alfiandi, the former head of the National Search and Rescue Agency (Basarnas), where the KPK was forced to halt its inquiry after military police took over the case.
Henri was accused of accepting bribes totaling 8.65 billion rupiah (U.S. $546,474) related to procurement projects at Basarnas between 2021 and 2023. He went on trial in March, but the verdict has not been made public.
Diky Anandya, a researcher at Indonesia Corruption Watch (ICW), said the KPK needed to map potential corruption hotspots within the military and the Ministry of Defense.
“Any investigations involving active-duty personnel should fall under the KPK’s jurisdiction to ensure impartiality,” he said.