Criminal Acts Investigation of Abuse of Authority in Criminal Acts of Embasement by The Military based on Justice (Case Study: Pomdam IV/Diponegoro)

Abstract

This study aims to determine the implementation of investigations into criminal acts of abuse of authority in criminal acts of embezzlement by the military and to analyze the obstacles to investigations into criminal acts of abuse of authority in criminal acts of embezzlement by the military and the solutions to these obstacles. In the research carried out, the writing used a sociological juridical approach. The results of this study are the Implementation of the investigation of the crime of abuse of authority in Police Report Number LP-01/A-01/1/2023/Idik. found the fact that Major T directed some of the funds to be used without the knowledge or direct orders of his superiors, with some of the funds being used for personal needs. The investigator concluded that the suspect's actions could be subject to sanctions based on Article 126 of the Criminal Code and/or Article 372 of the Criminal Code regarding abuse of authority and embezzlement. (2) Obstacles to the investigation of the crime of abuse of authority in the crime of embezzlement by the military, including: weaknesses in legal substance: there is a lack of synchronization between Article 69 and Article 74 of Law Number 31 of 1997, which causes the unclear authority of Ankum after delegating the authority to investigate to the Military Police or Oditur. Weaknesses in the legal structure: Ankum as an investigator does not have the necessary competence because it is not equipped with adequate knowledge or training in investigation. Weaknesses of legal culture: reluctance or fear of staff or subordinates to provide correct advice to their superiors. Solutions to these weaknesses include: revising laws, improving the quality of education, establishing internal monitoring mechanisms.