TNI Publishes Procedure For Summoning Its Soldiers, Expert: Criminal Law Is Coercive

JAKARTA - A legal expert from Trisakti University, Abdul Fickar Hadjar, reminded that criminal law is coercive and that there is no single rule that can prevent it.

This was conveyed by him in response to the rules in the Telegram Letter (ST) with the number ST/1221/2021 which was issued since 5 November. In this regulation, the Corruption Eradication Commission (KPK) and the National Police must follow procedures when summoning TNI soldiers.

"Criminal law is coercive. There is no single force that is above the law because Indonesia is a state of law, not a state of power or empire," Fickar told reporters, Wednesday, November 24.

According to him, this procedure may be enforced because of a summons that is not in accordance with the provisions. However, Fickar again reminded that the rules in the letter were no higher than the current law.

"That's the spirit of the corps. But still, nothing is higher than the law," he said. It was previously reported that there are four things that govern the summons of a TNI soldier. First, summons made to TNI soldiers by the Police, KPK, other law enforcement officers in order to provide information related to legal events must go through the commander/head of the unit.

Second, summoning TNI soldiers who are not in accordance with procedures, so that the Commander/Head of Unit coordinates with the law enforcement officers in question.

Next, soldiers who provide information regarding legal events to law enforcement officers can be carried out in their units accompanied by Law Officers or Unit Officers. Fourth, TNI soldiers who provide information regarding legal events to law enforcement officers can be carried out at the office of law enforcement officers who summoned them accompanied by legal officers.

There is also a reason for making this rule due to a summons that is not in accordance with applicable legal provisions and is carried out by the police.

"So to avoid misunderstandings, minimize legal problems, and implement legal compliance for TNI soldiers, it is necessary to regulate the provisions for summoning," as quoted from the TNI Marines' official Instagram upload.