THE AUTHORITY OF MILITARY COURT IN PUNISHMENT OF CORRUPTION ABUSE OF MILITARY HOUSING SAVINGS FUNDS
DOI:
https://doi.org/10.26532/jph.v11i2.35804Keywords:
Authority of Military Court, Civilian and Soldier, Military JusticeAbstract
The purpose of this research is to determine the authority of the main military court in prosecuting violations of military conscription savings funds. The research method used in this research uses a normative juridical approach. The results of the research stated that the sentence had been carried out by a judge based on the provisions regulated in the Criminal Code and the Corruption Eradication Law. The examination carried out by the judge from the examination at the court of first instance to the appeal level has not been carried out in the form of reverse evidence. This is related to civil interests, namely PLTN, which is a private legal entity related to housing procurement, only carries out its obligations as a company appointed by the Army TWP Organization for the construction of Army housing. The military criminal justice system needs to be developed so that military judges can give civilians the opportunity to provide reverse evidence, which is the NPP's right as a defendant who does not have TNI status.
References
Books:
Barda Nawawi Arif., Kapita Selekta Hukum Pidana tentang Sistem Pidana Terpadu (Integrated Criminal Justice System), Semarang: Diponegoro University Publishing Board, 2011.
Leden Marpaung., Principles of Criminal Law Theory and Practice, Jakarta: Sinar Grafika, 2005.
Moeljatno and Marliman Prodjohamidjojo., Memahami Dasar-Dasar Hukum Pidana Indonesia 2, cet.3, Jakarta: Pradnya Paramita, 1997.
Nikmah Rosidah., Military Justice Law, Bandar Lampung, CV. Anugrah Utama Raharja, , 2019.
Sianturi, S.R., Military Criminal Law in Indonesia, Jakarta: AHMPTHM Alumni, 1985.
Van Hoeven, Encyclopedia Indonesia Ichtiar Baru, Jakarta, 1984.
Journals:
Afif Noor., “Socio-Legal Research: Integration of Normative and Empirical Juridical Research in Legal Research”, Jurnal Ilmiah Dunia Hukum 7, Issue. 2 (April 2023).
Asep Suherdin and Maryanto., “Analysis of Law Enforcement to Drugs Criminal Act in Military Environment (Case Study in Jurisdiction of Military Court II/09 Bandung)”, Jurnal Daulat Hukum 2, Issue. 4, December 2019.
Dava Prawira Wibowo., “The Decide Trials in Absentia in Desertion Crimes”, Ius Ponale, Vol 4 Issue 1, 2023.
Fahrizal S. Siagian, Saied Firouzfar, Najuasah Putra., “The Obligation of Military Institutions to Comply with the Anti-Corruption Act”, Mulawarman Law Review 8, Issue. 2 (2023).
Hisar Sitohang, Martono Anggusti, Uton Utomo., “Legal Analysis of Corruption Crime with Abuse of Position in the Form of Active Bribery (Study of Decision Number: 195/PID.SUS/TPK/2017/PN SBY)”, PATIK: Journal of Law 07, No. 02 (August 2018).
Illan Barriola, Bruno Deffains, and Olivier Musy., “Law and Inequality: A Comparative Approach to the Distributive Implications of Legal Systems”, International Review of Law and Economics 75, No. 22 (2023).
Irman Putra, Arief Fahmi Lubis., “The Status of Evidence Proceeds of Crime in General and Military Crimes”, International Journal of Multi Science 1, No. 6 (2020).
Irwan Sanjaya Putra, Niken Wahyuning Retno Mumpuni., “Analysis of the Institutional Position of Military Judges Against the Independence of the Indonesian Military Courts”, Jurnal Nurani Hukum: Jurnal Ilmu Hukum 5, No. 2 (2022).
Jerymia Seky Tanaem, etc., “Dual Empire of Penal System: Examining the Military Court‘s Decision on Budget Misuse by Military Officer”, Indonesian Journal of Law and Society 5, No.1 (2024).
Nur Rohim Yunus, Amrizal Siagian, Fitriyani Zein., “Criminal Law System in Indonesia and Its Comparison with Other Legal Systems”, SALAM: Jurnal Sosial dan Budaya Syar-I 9, No.2 (2022).
Sugeng Sutrisno., “Pre-Trial in the Criminal Justice System in Military Criminal Judges in Indonesia”, International Journal of Business and Social Science Research 2, Issue. 11 (2021).
Syamsoel Hoeda, M. Arief Amrullah & Y.A. Triana Ohoiwutun., “The Principles of Military Necessity on Dismisal Punishment towards Soldiers on Drug Abuse”, International Journal of Creative Research and Studies 3, Issue. 12 (2019).
Tunggul Ansari Setia Negara., “Normative Legal Research in Indonesia: Its Origins and Approaches”, ACLJ: Audito Comparative Law Journal 4, Issue. 1, (2023).
Yasmirah Mandasari Saragih, Tengku Riza Zarzani., “The Law Enforcement of Corruption Crimes in Terms of Authority Abuse”, IJLR: International Journal of Law Recontruction 7, No. 1, (2023).
Downloads
Published
Issue
Section
License
Authors who publish with this journal agree to the following terms:- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
