The Legal Regulation of Military Forensic Psychiatry in Enforcing Disciplinary Measures for Indonesian Army (TNI-AD) Soldiers
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Military discipline is a fundamental element of professionalism, command effectiveness, and operational readiness. However, disciplinary decisions become legally and clinically complex when alleged violations are associated with a soldier’s mental condition. This study analyzed the legal regulations and implementation of military forensic psychiatry in supporting disciplinary enforcement within the Indonesian Army (Tentara Nasional Indonesia Angkatan Darat [TNI-AD]). The analysis was based on legal system theory, legal protection theory, and progressive legal perspectives. The findings indicated that Indonesia has established legal frameworks governing mental health services, expert testimony, military discipline, and military justice; however, these regulations remain fragmented and have not yet provided an integrated mechanism that connects forensic psychiatric assessment results with disciplinary decision-making processes.The implementation of military forensic psychiatry was influenced by several factors, including regulatory fragmentation, unclear referral authority, inter-institutional coordination challenges, professional capacity, medical confidentiality, stigma related to mental health, command-level understanding, and fitness-for-duty assessments. This study proposed a model of Military Discipline with Mental Health Safeguards, which provides a procedural mechanism requiring professional assessment when there is a reasonable indication that mental health conditions may be relevant to a soldier’s behavior. The model differentiates between behaviors that are direct manifestations of mental disorders, behaviors partially influenced by mental health conditions, and intentional misconduct, while maintaining the authority of commanders and legal institutions in determining accountability. The proposed framework aims to strengthen legal certainty, fairness, mental health protection, and operational readiness without undermining the principles of military discipline.
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