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Pertanggungjawaban Pidana Anggota TNI yang Melakukan Tindak Pidana Penipuan Terhadap Warga Sipil: Studi Putusan Nomor: 1-K/PM.III-17/AU/I/2025 di PengadilanMiliter III-15 Kupang Verena Yolanda Fernandes; Aksi Sinurat; Deddy R. Ch. Manafe
Jurnal Pengabdian Masyarakat Kesosi Vol. 9 No. 1 (2026): Januari: Jurnal Abdimas KESOSI
Publisher : Sekolah Tinggi Ilmu Kesehatan Kesetiakawanan Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57213/abdimas.v9i1.425

Abstract

Fraud committed by members of the Indonesian National Armed Forces (Tentara Nasional Indonesia/TNI) against civilians constitutes an unlawful act that not only causes losses to victims but also undermines the principle of justice and the doctrine of equality before the law. Although TNI members are subject to military law, in practice there remain issues concerning criminal liability and the competent judicial forum to adjudicate such cases. This research aims to analyze the criminal liability of TNI members who commit fraud against civilians and to examine the application of law in Decision Number: 1-K/PM.III-17/AU/I/2025 at the Military Court III-15 Kupang. The research method employed is normative legal research using a statutory approach, a conceptual approach, and a case approach. The legal materials consist of primary legal materials in the form of statutory regulations and court decisions, secondary legal materials including legal literature and scholarly journals, and tertiary legal materials as supporting references. The results of the research indicate that TNI members who commit fraud against civilians may legally be held criminally liable under general criminal law, particularly the Indonesian Criminal Code. However, based on the provisions of Law Number 31 of 1997 concerning Military Courts and Law Number 34 of 2004 concerning the Indonesian National Armed Forces, the judicial process is still conducted within the military court system. Decision Number: 1-K/PM.III-17/AU/I/2025 shows that the panel of judges imposed criminal sanctions on the defendant; nevertheless, the decision raises debates regarding the fulfillment of the principles of justice and equality before the law for civilian victims.