Yusril: Judicial Connection Applies if Civilians Are Involved in the KontraS Case

Coordinating Minister for Legal, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra

JAKARTA - Coordinating Minister for Legal, Human Rights, Immigration and Corrections Yusril Ihza Mahendra said that the connection trial would apply if there were civilians involved in the case of Deputy Coordinator of KontraS Andrie Yunus.

"The connectivity has been regulated in the new KUHAP, the Military Justice Law and the TNI Law itself. So, we just wait for the development," said Yusril as quoted by ANTARA, Thursday, April 16.

The statement was in response to a reporter's question regarding a report from Andrie's legal team to the Criminal Investigation Unit of the National Police regarding the alleged involvement of civilians in the case of spraying hard water on Andrie, while the suspect file involving members of the TNI BAIS in the case had been forwarded to the Military Court.

He explained that the report from Andrie's legal team would first be studied by the National Police investigators to ensure that there were suspects from the civilian ranks who were involved in the water spraying case.

If there are indeed civilians involved, he said, it will inevitably be investigated and prosecuted in a connected manner later because some involve military members and some involve civilians.

However, the Coordinating Minister conveyed that Andrie's case had indeed been transferred from the police to the TNI Military Police (POM) because no civilian suspects were found.

"But if tomorrow, based on reports from various parties and the police conduct an investigation and ensure that there are indeed suspects from the civilian ranks, this matter will inevitably become a matter of connectivity," he said.

Even so, he continued, the connection that will apply later in the form of suspects from civilians will be tried in the district court, while suspects from the military will be tried in the military court.

The connection trial is a judicial system for criminal acts committed jointly by civilians and the military. The case is generally tried in the general court, but can be transferred to the military court or a special team based on joint investigations.

Yusril explained that in Indonesia there are still challenges in fully implementing the connection court because there has been no amendment to the Military Court Law.

In the law, he continued, military soldiers will still be tried in military courts even if they commit general criminal offenses, such as persecution, theft, and so on.

Meanwhile, in the TNI Law, he said that military soldiers were tried according to the type of criminal act committed. If what is done involves a general criminal act, then it is tried in a general court, but if the criminal act is related to the military, it will be tried in a military court.

"But the provisions in the TNI Law state that this applies if the Military Court Law has been amended, while the rules have not been changed to this day," said the Coordinating Minister.

Regarding the loss

On the other hand, the former Minister of State Secretary explained that the latest Criminal Procedure Code (KUHAP) looks at the aspect of loss, namely if a criminal act causes losses among civilians, it is prosecuted in a civil court, while if it harms military interests, it is prosecuted in a military court.

Referring to the provisions of the new Criminal Procedure Code, he assessed that because in the case of Andrie Yunus who was sprayed with hard water was a civilian, the loss was on the civilian, not the military.

To harmonize the three rules, Yusril said that in the end, it was decided that as long as the Military Court Law had not been amended, then if the perpetrator was a TNI soldier, whatever type of criminal act was returned to the military court.

"Therefore, this case has been transferred from the police to the TNI POM. Well, if now, for example, it is developing again where there is new evidence involving civilians, then there will be a connection in this case," said Yusril.