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Jakarta –
The Deputy Chief of the Supreme Court (MA) in the military sector, Burhan Dahlan, said that there were about 20 cases of TNI soldiers accused of having sex with people of the same sex. TNI headquarters is making a clarification.
“Regarding the statement made by the Head of the Military Chamber of the Supreme Court on YouTube during the briefing of the military judges on the existence of a Military Court that released LGBT soldiers, it is still being clarified to obtain valid data”, Indonesian Military Forces Chief Colonel Sus Aidil Puspen said Thursday in a written statement. (10/15/2020).
Colonel Aidil emphasized that TNI implemented strict sanctions against soldiers who were of lesbian, gay, bisexual and transgender (LGBT) sexual orientation. Sanctions and dishonorable removal from military service were prosecuted.
“TNIs apply strict sanctions to TNI soldiers who have been shown to have violated the law of decency, including LGBT,” said Colonel Aidil.
LGBT behavior is said to go against military discipline. Colonel Aidil also called LGBT a serious offense for a soldier.
“It contradicts military discipline and is a serious violation that should not occur within TNI. The legal process is strictly enforced upon receiving an additional sanction of dismissal through a trial in Military Court,” he said.
To obtain information, the deputy chief of the Supreme Court in the military field, Burhan Dahlan, asked the military judges not to hesitate in firing the members of TNI who have LGBT sexual orientation. This is because there are around 20 cases in which the accused was accused of being LGBT but was instead acquitted by the Military Court of first instance.
“There are 20 cases. There are medical lieutenants. Some have just graduated from the Military Academy, second lieutenants,” Burhan said in the training for judges held online and streamed on YouTube on Monday (10/12).
Burhan claimed that the acquittals were not legally binding because they were still being tried at the cassation level. “It is under appeal,” he said.
Burhan assessed that many TNI members have become LGBT due to lifestyle factors. Those who were captured were later prosecuted by the TNI leadership and submitted to the Military Tribunal with demands from military prosecutors that the accused be fired. However, because they were accused of using article 292 of the Penal Code, the accused were released. Article 292 regulates articles of sexual immorality between adults and children.
Due to the many acquittal decisions, Army (AD) leaders contacted Burhan why the LGBT members were released. In fact, there were TNI members who were considered LGBT leaders in the military, but were released.
“I sent him to the Military Tribunal to be fired, and even released,” Burhan said, imitating the words of the TNI AD leadership.
Therefore, Burhan asked the judges to apply Article 103 of the Military Penal Code on disobedience to official orders. In 2009, a telegram circulated stating that TNI members were forbidden from being gay and those who were shown to be gay were being fired.
“You don’t have to live like this,” Burhan said.
It was previously reported that the II-10 Semarang Military Court dismissed Praka P as a TNI soldier because he was proven to have sex with people of the same sex. In addition to Praka P being sentenced to one year in prison, he was also fired from military service.
This was stated in the Semarang Military Court verdict published on the Supreme Court (MA) website on Wednesday (10/14). Praka P was fired because it was shown that he had a same-sex relationship with Pratu M, whom he met through social media.
Apart from Praka P, another soldier was also fired for having had a sexual relationship. Bandung II-09 Military Court dismissed Pratu H due to repeated same-sex relationships with other TNI members.
(elz / tor)
