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Reformasi Penyelesaian Perkara Koneksitas Pasca Pembaruan KUHAP: Perspektif Peradilan Umum dan Militer Sujono Sujono; Rizki Rizki; Wanto Wanto
Metta : Jurnal Ilmu Multidisiplin Vol. 6 No. 3 (2026)
Publisher : Jayapangus Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37329/metta.v6i3.5696

Abstract

A connected criminal case arises when an offence is jointly committed by persons subject to the general and military court jurisdictions. This study examines the relationship between criminal participation and the connected-case mechanism and formulates a settlement model following the enactment of Law Number 20 of 2025 on the Criminal Procedure Code. The study employs normative legal research using statutory, conceptual, and case approaches. Primary legal materials consist of relevant legislation and judicial decisions, while secondary materials include journal articles, books, and legal doctrines; tertiary materials are used only to assist terminology searches. The study finds that participation constitutes the substantive basis for identifying each offender’s role and criminal liability, whereas connected jurisdiction constitutes a procedural mechanism for determining the forum and procedure when offenders fall under different jurisdictions. The new Criminal Procedure Code establishes the general court as the primary forum, simplifies joint investigation, and strengthens coordination between public prosecutors and military prosecutors. However, inconsistencies with Law Number 31 of 1997 on Military Justice remain a normative gap. This study proposes objective parameters for determining the predominant harm and a seven-stage coordination model covering offender identification, investigation, forum determination, prosecution, trial, and execution of judgment. The novelty lies in synthesising the new Criminal Procedure Code, the harmonisation problem with military procedural law, and operational parameters for determining the connected-case forum.
Yurisdiksi Pengadilan Militer Terhadap Tindak Pidana Umum yang Dilakukan Prajurit TNI Aktif: Analisis Perkara Andrie Yunus Wanto Wanto; Bambang W
Metta : Jurnal Ilmu Multidisiplin Vol. 6 No. 3 (2026)
Publisher : Jayapangus Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37329/metta.v6i3.5719

Abstract

The acid attack against KontraS activist Andrie Yunus raises a jurisdictional problem concerning whether active soldiers who commit ordinary crimes should be tried by a military or general court. This article examines the legality of the jurisdiction of Military Court II-08 Jakarta in Decision Number 70-K/PM II-08/AL/IV/2026 and evaluates the quality of the adjudication through legal certainty, procedural justice, transparency, victim protection, and judicial accountability. The study employs normative juridical research using statute, conceptual, and case approaches. The primary legal materials consist of the 1945 Constitution, the Military Courts Law, the TNI Law as amended in 2025, the national Criminal Code, the new Criminal Procedure Code, and the court decision. The analysis applies a two-layer test: first, the legality of the forum based on absolute and relative jurisdiction, the relationship between the Military Courts Law and the TNI Law, and the concept of connection between jurisdictions; second, the quality of adjudication reflected in the reasoning and procedural record of the judgment. The findings show that, under the ius constitutum applicable to the case, the military court still had a statutory basis to exercise jurisdiction because the defendants were active soldiers when the offence was committed. At the same time, the 2025 TNI amendment expresses an ius constituendum direction toward general-court jurisdiction for ordinary crimes. The judgment records formal safeguards of due process and procedural accountability, while the available record is more limited for assessing substantive transparency and the adequacy of victim protection. Harmonisation of the military justice framework is therefore necessary to clarify the boundary between military and general jurisdiction.