The Legal Status of Tni Soldiers in the National Criminal Law System Following the Enactment of the National Criminal Code

Abstract

The enactment of Law Number 1 of 2023 concerning the Criminal Code marks an important stage in the reform of Indonesia’s national criminal law and raises questions about the legal position of Indonesian National Armed Forces (TNI) soldiers as subjects of national criminal law and about the harmonization of national criminal law with military law. This study examines: (1) the legal position of TNI soldiers as subjects of national criminal law after the National Criminal Code came into force; and (2) the legal harmonization required to integrate national criminal law with the special characteristics of military law. It uses descriptive, normative legal research with statute, conceptual, and case approaches, drawing on primary, secondary, and tertiary legal materials analyzed qualitatively through systematic and conceptual interpretation and vertical and horizontal synchronization. The results show that military status does not confer immunity from criminal liability. TNI soldiers remain subjects of national criminal law, while special military provisions may apply as long as they have a legal basis and are objectively related to military functions. The main legal problems lie in the synchronization of substantive criminal law, judicial jurisdiction, and procedural mechanisms, particularly in the transitional relationship between the National Criminal Code, the Military Court Law, and the amended TNI Law. Harmonization therefore requires a clear classification of offenses, objective determination of the competent forum, inter-agency coordination, separation of criminal and disciplinary liability, protection of the rights of the parties and victims, and legislative adjustment to ensure legal certainty and accountability.