JAKARTA - Military Court II-10 Semarang dismissed Praka P as a TNI soldier because he had a deviant sexual orientation towards the same sex. In addition he was also sentenced to one year in prison
"To declare that the Defendant, namely PW in the rank of Chief Private, was legally and convincingly proven guilty of committing the crime of 'deliberate disobedience, with a principal sentence of 1 year imprisonment," said the verdict quoted on the website of the Supreme Court (MA), Thursday, October 15.
"It is determined that while the Defendant is in detention, the entire sentence will be deducted. Additional Criminal: Dismissed from military service," said the verdict chaired by Lt. Col. Chk Eddy Susanto SH with members of Major Chk JOkor Trianto SH MH and Major Chk Victor Virganthara Taunay SH.
In the ruling, the panel of judges assessed that the defendant's actions had injured TNI soldiers who engaged in deviant sexual behavior with same-sex relationships. Where the defendant as a TNI soldier should be an example for the community in the defendant's environment in behaving.
"So that the Defendant's actions violated the rule of law and legislation as well as the provisions of religious norms, so that firm action must be given," explained the decision of the panel.
The Assembly stated that in the TNI environment, orders from superiors must be obeyed and obeyed in carrying out their duties and in their daily behavior as TNI Soldiers. It aims to create attitudes, behaviors and actions as TNI Soldiers with dignity and to maintain self-respect.
The order referred to is the prohibition for TNI soldiers to have sexual relations with the same sex (homosexual / lesbian), legal intercourse outside of marriage, to live together with a woman / man without a legal basis for marriage.
"The defendant had heard the emphasis both during the morning rally and during the commander's hour, but the Defendant never heeded this matter and the Defendant engaged in deviant sexual behavior with the same sex," said the panel.
Serious Offenses LGBT Soldier in TNI
The TNI Headquarters reacted to the information that there were soldiers who were LGBT. The TNI Headquarters stated firmly that LGBT soldiers violated military discipline.
"The Republic of Indonesia Law Number 34 of 2004 concerning the TNI also stipulates that soldiers are dishonorably discharged from the military service because they have a character and / or actions that can clearly harm TNI soldiering discipline (Article 62 of the TNI Law)," said Head of the TNI Puspen Colonel Sus. Aidil in his written statement.
Institutionally, the TNI does not tolerate LGBT and is listed in Law Number 34 Year 2004. They categorize this group into serious violations that lead to dismissal.
This is also emphasized in the Telegram Letter of the TNI Commander Number ST No ST / 398/2009 dated 22 July 2009 which is emphasized again by Telegram Number ST / 1648/2019 dated 22 October 2019. The regulation states that LGBT is one of the actions that a person should not do. soldier.
"It is against military discipline and is a serious violation that should not occur within the TNI. The legal process is strictly enforced by being given an additional penalty of dismissal through a trial process at the Military Court," said Aidil.
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