Judicial Reconstruction of Indonesian National Army as Criminal Actors

Abstract

By the issuance of TAP MPR Number VII/ MPR / 2000 and Act Number 34 of 2004, particularly provisions of Article 65 paragraph (2), based on the law principle of Lex Posteriore Derogat Lex Priori, the competence of General Court should include the Indonesian National Army soldiers for violating general criminal law. The enforcement of judicial competence adhered to the provision of Article 65 paragraph (2) of Act Number 34 of 2094, shall be preceded by reformation of criminal law in the military court or general court environment which is adapted to the substance of Article 65 paragraph (2) Act Number 34 of 2004. Furthermore, the settlement of general criminal dispute by the National Army after the enforcement of Act Number 34 of 2004 shall constantly be under the guidance of KUHPM and Act Number 31 of 1997 on Military Court. The reformation of criminal law within the General Court is related to General Court Competence for TNI who commits general criminal acts in the future, As Ius Constituendum, it is necessary to regulate the roles and functions of Superiors who have the right to punish (hereinafter referred to as Ankum) and Case Transfer Officers (hereinafter referred to as Papera) in the settlement of general criminal cases for TNI soldiers. Some other matters need to be regulated namely; the investigators shall be from the Military Police Officers, public prosecutors are carried out by the Military Prosecuting Attorney, and the judges are both Military and general Judges, as well as TNI soldiers whose sentences as convicts have been decided, are fostered in the Military Correctional Institution.

Keywords: Juridical Review, Act Number 34 of 2004, Indonesian National Army (TNI)

DOI: 10.7176/JLPG/120-01

Publication date: April 30^th 2022