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All Journal Jurnal Ilmu Hukum Kanturuna Wolio
Bunga Ali La Ode
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Humanities Law, Crime, Criminology & Criminal Justice

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ANALISIS YURIDIS KASUS TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH ANAGGOTA TNI AKTIF YANG MENDUDUKI JABATAN SIPIL Bunga Ali La Ode; Juhad Saputra Muh
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 1, January 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i1.2035

Abstract

This research aims to provide a juridical analysis of corruption crimes committed by active members of the Indonesian National Armed Forces (TNI) who hold civilian positions. The primary focus is on the conflict of authority between Military Courts and the Corruption Eradication Commission (KPK) in enforcing the law against military personnel involved in corruption. Using a normative-juridical and conceptual approach, and employing literature review as the data collection method, this study examines relevant legal frameworks including Law Number 31 of 1997 on Military Courts and Law Number 31 of 1999 jo. Law Number 20 of 2001 on the Eradication of Corruption Crimes. The findings indicate that although active TNI members are subject to Military Courts, in the context of corruption committed while holding civilian office, the general court system—particularly the KPK—has the authority to prosecute such cases, based on the legal principle of lex specialis derogat legi generali. This study recommends harmonization of overlapping regulations to prevent normative conflicts in the prosecution of corruption cases involving active military personnel.
TINJAUAN YURIDIS TERHADAP PENJATUHAN PIDANA DALAM KASUS PENGEDARAN KOSMETIK YANG TIDAK MEMILIKI IZIN EDAR: Studi Putusan Nomor 131/Pid.Sus/2024/PN Bau Bunga Ali La Ode; Asri La Ode
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 2, July 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i2.2183

Abstract

This study discusses the imposition of criminal sentences in the case of distribution of cosmetics without a distribution permit based on Decision Number 131/Pid.Sus/2024/PN Bau. The purpose of this study is to determine whether the judge's decision is in accordance with the applicable laws and regulations in the health sector and to understand the basis for the judge's legal considerations in imposing a sentence. The research method used is a normative and empirical legal approach, with data collected through document studies and interviews. The results of the study indicate that the perpetrators were legally proven and promised to commit a crime as regulated in Article 435 in conjunction with. Article 138 paragraph (2) of Law Number 17 of 2023 concerning Health, and is subject to a prison sentence of 5 months. This criminal sentence is considered to be in accordance with Article 435 because the article does not regulate the minimum sentence imposed. The judge's considerations include elements of pardon, evidence of cosmetics without a distribution permit, and confessions. This decision is considered to have fulfilled the elements of legality, although further study is needed regarding the deterrent effect and aspects of consumer protection. This research is expected to contribute to law enforcement against violations in the health sector and strengthen supervision of the circulation of cosmetic products.
Co-Authors Asri La Ode Juhad Saputra Muh