Juridical Review of Criminal Acts of Sexual Abuse of Children Committed by TNI Officers
Study of Decision No. 88-K/PMT-BDG/AL/X/2024
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This study aims to juridically analyze the criminal act of sexual abuse against children committed by Indonesian National Army officers and assess the application of the principle of the rule of law in military justice based on Decision Number 88-K/PMT-BDG/AL/X/2024. The research method used is normative legal research with a legislative approach and a case approach, using secondary data obtained through literature studies and analysis of court decisions, then analyzed qualitatively. The results of the study showed that the perpetrator's actions had fulfilled the elements of criminal offenses, namely sexual acts, intentional elements, and physical, psychological, and moral losses experienced by child victims. The military court's decision in the case reflects the application of the principle of the rule of law and equality before the law because the perpetrators are still processed and sentenced to death without any special treatment despite their status as state officials. However, there are still weaknesses in the aspect of victim protection, especially related to psychological recovery and transparency of the military justice process. Therefore, it is necessary to strengthen child protection mechanisms, increase the accountability of military law enforcement officials, and more firm and consistent law enforcement to ensure justice and legal certainty.
Abdillah, Nuke Rouffyanti, and Oci Sanjaya. "Criminological Review on Perpetrators of Sexual Exploitation of Minors." Scientific Journal of Education Forum 8, no. 15 (2022).
Afandi, A. "Military Justice Reform in the Context of Civil-Military Relations in Indonesia." 2000.
Aprianasdi. Criminal Liability of Perpetrators of Criminal Acts of Persecution Resulting in Death from a Human Rights Perspective (Case Study of Criminal Case Decision No. 218/Pid.B/2024/PN JKT PST). Thesis, Sultan Agung Islamic University, 2025.
Manurung, Karina Hasiyanni, and Irwan Triadi. "Juridical Analysis of Cases of Sexual Harassment Committed by Members of the Indonesian National Army." Socius: Journal of Social Sciences Research 1, no. 5 (2023).
Moeljatno. Principles of Criminal Law. Jakarta: Rineka Cipta, 2008.
Nashriana. Criminal Law Protection for Children in Indonesia. Jakarta: PT Raja Grafindo Persada, 2011.
Nurlaila, et al. "Legal Protection of Children as Victims of Criminal Acts of Harassment (Case Study of Bani Ma'mun Islamic Boarding School, Serang Regency)." Predissential 2, no. 2 (2025).
Military Court Decision Number 88-K/PMT-BDG/AL/X/2024.
Rahayu, Rani, and Sari. "Legal Analysis of the Crime of Molestation of Minors in the Perspective of Child Protection in Indonesia." Court Review: Journal of Legal Research 5, no. 6 (2025).
Rini, Suprobo, and Suprapto. "The Authority of the Military Justice in Cracking Down on Members of the TNI Who Commit General Crimes." Collaborative Journal of Science 8, no. 8 (2025).
Saputera, Vishnu Adi. "Analysis of Legal Protection Efforts for Victims of Sexual Harassment in the Military Environment." Indonesian Law Student Writers Association Law Journal 2, no. 1 (2022).
Saraswati, Rika. Child Protection Law in Indonesia. Bandung: Citra Aditya Bakti, 2015.
Sianturi, S. R. Military Criminal Law in Indonesia. Jakarta: Alumni, 2010.
Constitution of the Republic of Indonesia in 1945.
Criminal Code.
Law Number 1 of 2023 concerning the Criminal Code.
Law Number 23 of 2002 concerning Child Protection.
Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.
Law Number 31 of 1997 concerning Military Justice.
Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.
Law Number 39 of 1999 concerning Human Rights.
Copyright (c) 2026 Sigar P. Berutu, Essilver Saragih, Yolani Margareta (Author)

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