Kababinkum TNI Regarding Kabasarnas Case: No Soldiers Are Immunized

Head Of The TNI Legal Development Agency Rear Admiral TNI Kresno Buntoro (left two) ANTARA/Fianda Sjofjan Rassat

Head of the TNI Legal Development Agency (Kababinkum) Rear Admiral TNI Kresno Buntoro ensured that no soldiers were above the law.

This was conveyed in connection with the alleged bribery case of Kabasarnas Marsdya TNI Henri Alfiandi which was handled by the KPK through a hand arrest operation (OTT).

However, Kababinkum TNI emphasized, the handling of cases and prosecution of violations of the law committed by active TNI members must be carried out by military legal instruments as regulated in Law Number 31 of 1997 concerning Military Courts.

Therefore, every criminal act committed by the military, the active soldier is subject to Law Number 31 of 1997. In addition, it is also subject to Law of the Republic of Indonesia Number 8 of 1981 concerning the Law of Criminal Procedures.

"So, basically, there are no TNI soldiers who are above the law, all comply with the rule of law," said Rear Admiral TNI Kresno Buntoro as reported by ANTARA, Friday, July 28.

Regarding the handling of corruption, he explained that there is a clear limit to authority, namely the Corruption Eradication Commission (KPK) processes civilians, while members of the TNI are actively being investigated by the TNI Military Police Center (Puspom).

Puspom, in handling the case, acts as an investigator, then the file is transferred to the Military Oditur which functions as the prosecutor in the general justice system.

"Furthermore, through trial, and you know all, in the military court, it is directly under the judicial technicalities of the Supreme Court. So, nothing can be separated from that," said Kresno Buntoro.

Dalam perkembangan saat ini, kata dia, ada dibentuk perangkat Muda Peradilan Militer (Jampidmil).

"Jampidmil is actually in the context of connectivity. The experience is also that Jampidmil has so far also processed the TWP case (obligatory housing for TNI soldiers, ed), and also (procurement corruption) orbital satellites 123," said the Head of the Indonesian National Armed Forces.

Therefore, he guarantees that no TNI soldiers are above the law. Those who violate or are suspected of violating the law, undergo different procedures and rules from civilians.

"Be sure there will be no (impunity) related to the perpetrators of criminal acts committed by the military," he asserted.

The TNI Headquarters a day later after the KPK named the Head of Basarnas Marsdya Henri Alfiandi (HA) and Koorsmin Kabasarnas Lt. Col. Afri Budi Cahyanto (ABC) as suspects, opened his voice regarding the determination.

Danpuspom TNI Marsda TNI Agung Handoko at a press conference at TNI Headquarters, Jakarta, Friday, assessed that the KPK's determination of suspects violated procedures.

"We frankly object that it is designated as a suspect, especially for the military. Because we have our own provisions, we have our own rules. However, when the press conference turned out, the statement came out that Lt. Col. ABC and Kabasarnas Marsdya HA were named suspects," said Danpuspom TNI.

Not long after a press conference at TNI Headquarters, Deputy Chairperson of the KPK Johanis Tanak at the KPK's Red and White Building, Jakarta, Friday, admitted the procedure error.

"In the implementation of the arrest, it turned out that the team found out that there were members of the TNI and we understand that our investigative team may have made a mistake, there is an omission, that when someone involved the TNI, it must be handed over to the TNI, not us who handle it," said Johanis Tanak.

The KPK on Wednesday (26/7) named the Head of Basarnas Marsdya TNI Henri Alfiandi (HA) as a suspect because he was suspected of accepting bribes of Rp. 88.3 billion from several goods procurement projects at Basarnas in the 2021' 2023 period.

There are five people named as suspects, including two active members of the TNI in corruption procurement at Basarnas. The other three suspects, namely the President Commissioner of PT Multi Grafika Cipta Sejati (MGCS) Mulsunadi Gunawan (MG), President Director of PT IGK (Intertekno Grafika Sejati (IGK) Marilya (MR), and President Director of PT Kundah Abadi Utama (KAU) Roni Aidil.