The Position of Military Justice to the Indonesian Judiciary System (original) (raw)
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Indonesian Military Court Law Absolute Competence through Equality before the Law Principle
International Journal of Criminology and Sociology, 2021
Law Number 31 Year 1997 regulates the jurisdiction of the Indonesian Military Court to handle military members who commit a general crime and military crime based on the Indonesian Penal Code and Indonesian Military Code respectively. However, the General Court also retains jurisdiction over the military members who commit a general crime based on the Indonesian Penal Code. In comparison, Indonesian Civilians who commit a general crime based on the Indonesian Penal Code are only under the General Court. This condition is against the principle of equality before the law as stated in Article 28D.1 of the 1945 Constitution. Indonesia as a state of law must hold this principle. Authors use normative legal research to solve the law issues by reviewing the related laws and the law principles in Indonesia.
https://www.ijrrjournal.com/IJRR\_Vol.7\_Issue.12\_Dec2020/Abstract\_IJRR0068.html, 2020
Law No.26 of 1997 concerning the law of disciplines of soldiers of the Indonesian National Armed Forces and the decision of the commander of the Indonesian National Armed Forces No.Kep/22/VIII/2005 dated August 10, 2005, both governing the laws and regulations of the discipline of soldiers and a soldier violating this rule will get sanctions. Household integrity and harmony can be disrupted if the quality and self-control cannot be controlled, which in turn can cause domestic violence so that there will be a sense of discomfort or injustice towards people within the scope of the household. Examples of cases where a soldier of Sergeant Mayor Surono committed domestic violence against his legal wife named Indra Ningsih, because the defendant was burned with jealousy to see his wife together with First Lieutenant Assistant Edi Junaedi, so the defendant did a beating in the wife’s left eye. The Panel of Judges assured that the defendant had committed a criminal offense. Anyone who commits physical violence in the household sphere is carried out by the husband against his wife who does not cause illness or obstruction to carry out his occupation or livelihood or daily activities as regulated in Art.44 Par.(1) Jo. Par.(4) of The Law of the Republic of Indonesia No.23 of 2004 concerning the elimination of domestic violence, due to the actions of the defendant, the defendant is sentenced for four months. The research method was a normative juridical legal research of descriptive analysis by conducting library research in order to obtain secondary data needed, including primary, secondary, and tertiary legal materials related to the problem. The entire data was collected by the method of library research and field study. The results showed that the Military Prosecutor I-02 Medan in handling domestic violence cases is regulated in Art.71 of the Military Court Law No.27 of 1997, they are receiving a report or complaint, taking the first action at the time and place of the incident, seeking information and evidence, telling someone to stop, making a forced effort (arrest, search, detention, confiscation, and examination of documents), taking fingerprints and photographing someone, calling someone to be heard as a suspect or witness, asking for help expert, carrying out other actions, carrying out orders that are punitive boss to detain the suspect, and reporting the results of the implementation of the investigation to the supervisor who has the rights to punish.
This study aims to reconstruct principles of law governing the non-primary weapon system to provide a legal protection for the member of the Indonesian military (TNI) based on the values of certainty and justice. The study has found: (1) the principle of non-primary weapon system is subject to Law Number 34 of 2004 on TNI, especially the principle of civilian supremacy. There are also regulations which are having the same character, namely Article 149 of the Indonesian Military Criminal Code (KUHPM) and the Decree of the Commander in Chief of the Army Number SKEP/346/X/2004 but unfortunately the Decree is valid only internally. These regulations have created, however, uncertainties and injustice. (2) Lacunae, the weakness in the principle governing the TNI\'s non-primary weapon system, has violated legal certainty and justice; law enforcement is unfair, since it is enforceable only for members of the TNI and binding internally, while at the same time civilians who abusing the non-primary weapon system are not subject to legal proceedings, let alone criminal sanctions; therefore no equality before the law. In the reconstruction, the law and its sanctions governing the abusers (both the military and the civilians) of non-primary weapon system has been recommended. There must be a stipulation added to Article 149 KUHPM: ?the non-primary weapon system misuse by civil society is subject to the existing laws and regulations including the Criminal Code, the Civil Code and other specific laws governing economic crimes; and among other things are regulations such as copyrights, trademark, trade secret and patent.
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The description of acts of terrorism as a crime against the state is a serious threat to the sovereignty of each country. Acts of terrorism in Indonesia can now be qualified as military threats, namely threats using organized armed forces, which are considered to have capabilities that endanger the state's sovereignty, the territorial integrity of the country, and the safety of the entire nation. The TNI's (Indonesian National Armed Forced) efforts to overcome obstacles in dealing with terrorism in Indonesia are carried out under the Government Regulation in the lie of Law in dealing with it. Through the role of the TNI that is shown to the community and government, showing that the TNI carries out the rights and obligations according to its position, it carries out a function. From looking at these roles, we can illustrate that roles can also be interpreted as individual behavior, which is important for the social structure of society because social beings tend to live in g...
The Position of Judges in the Indonesian Legal Idea
Rechtsnormen Journal of Law, 2023
Background. Judges are state judicial officials authorized by law to adjudicate. The role of judges is very important in the judicial order in Indonesia. Purpose. As we know, the Indonesian government system adheres to the trias politica, namely the legislative body as the legislator in this case the DPR, the executive body, namely the government and its cabinet and finally the judicial body, namely the judiciary. Method. The writing of this article cannot be separated from the name of the research method, because in scientific writing the method is a necessity which is the perfect and effective condition of a research result Results. In addition to the government system, the Indonesian legal system is known to follow the European-Continental legal system where the law will be based on the law or what is known as "law in book". Legal issues that are increasingly complex corner the enforcers of justice (read judges) are hit by many problems that are often not found in the law. Judges who must decide based on the law and on the other hand they cannot be absent from their profession in adjudicating, however they must decide for the sake of justice and human truth. Conclusion. In this article, the author seeks to explain the position of judges in finding law by writing articles using a qualitative and normative (doctrinal) approach as a type of research.
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The writing is entitled: The Basis of Judges' Authority in Adjudicating Criminal Cases in the Perspective of Judicial Power in Indonesia. This writing examines the basis of judges' authority to adjudicate criminal cases by comparing between the provisions of Law No. 8 of 1981 on Criminal Procedure Law (based hereinafter referred to as Criminal Code Procedures) with the provisions of Law Number 48 of 2009 on Judicial Power (hereinafter referred to as the Judicial Power Law) based on legislation approach and case approach. The results of this paper show that the basis of judges' authority to adjudicate the criminal cases in the perspective of judicial power is based on the presence of justice and judicial power in the framework of law and justice enforcement. Keywords: Basis of Judges’ Authority, Adjudicating Criminal Cases, Judicial Power
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It can be called that the dynamics of national and state life in Indonesia are increasingly being tested by the same problem. For example, an outbreak of judicial corruption from the time to time, which was never ending. Law enforcers who are echoed as honorable professions, but on the other hand, these are exacerbated by the corrupt behavior of those professions. The sale and purchase of a case is no longer viewed as taboo, indeed it just looks like proper. Which means, it is a kind of a sign that the various legal regulations that normatively regulate the entire judicial process are ultimately unable to overcome the judicial corruption. The main objective of this research focuses on analysis related to efforts to revitalize the legal system in order to create an ideal rule of law as stated by Lawrance Friedman in his book namely "The Legal System: A Social Science Perspective". In this research, the method used is normative juridical using statutory, conceptual and histo...
Indonesian National Army Involvement in Handling Terrorism Action from Legal Perspective
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The crime of terrorism is an extraordinary crime against humanity, including a “serious crime” whose number of actions has increased. It requires handling with exceptional measures and "serious measures" with still respecting human values. Thus, what becomes an interesting problem in this research is how to involve the Indonesian National Army in handling acts of terrorism from a legal perspective. This research uses a normative doctrinal method. The Indonesian National Army's involvement in managing acts of terrorism and supported by the prevailing laws and regulations provides a greater sense of security and legal certainty for the community. Also, this research intends to examine that the involvement of the Indonesian National Army in handling acts of terrorism is by applicable regulations. The handling of criminal acts of terrorism requires a juridical basis to create a sense of security and justice. Thus, the Indonesian National Army must maintain the Unitary State of the Republic of Indonesia's territorial integrity and uphold state sovereignty. Therefore, the involvement of the Indonesian National Army in the context of handling acts of terrorism is an aid to the PolicePolice in defending the independence of the state, maintaining the territorial integrity of the Unitary State of the Republic of Indonesia, and protecting the entire nation and all spilled Indonesian blood based on Pancasila and the 1945 Constitution. The involvement of the Indonesian National Army in eradicating acts of terrorism is part of the support for the National Police, in the context of carrying out law enforcement operations that are not Military Operations Apart from War, unless they develop into acts of terrorism that threaten the existence of the Unitary State of the Republic of Indonesia or extraordinary circumstances occurs. This is in line with the Indonesian National Army's unique nature (lex specialis) in carrying out its duties.
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