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Journal : Public Service And Governance Journal

 1 
Socio-Cultural : Dalam Perdebatan Penundukan Prajurit TNI dalam Peradilan Umum dengan Peradilan Militer Irman Putra; Arief Fahmi Lubis
Public Service and Governance Journal Vol. 1 No. 1 (2020): Januari: Public Service and Governance Journal
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/psgj.v1i1.2042

Abstract

Pros and cons about the position and jurisdiction of military courts still often occur in legal discourse in Indonesia. On the one hand, there is a group that states that the military court is only authorized to try military crimes and is not authorized to try general crimes committed by TNI soldiers, but another group states that the military court still has the authority to try both general crimes and military crimes. This article will photograph the discourse that has existed so far. This article will also explain the Position and Jurisdiction of the Military Court in Indonesia after being under the jurisdiction of the Supreme Court and the impact of the submission of TNI soldiers to the General Court on military principles. The method used was an in-depth interview with a number of sources, especially to see the growing opinion if TNI soldiers were tried in the general court. The conclusion of this article is that psychologically and culturally, TNI soldiers are not appropriate to be tried in the general court. Thus, the issue of subjugating TNI soldiers to the general court is not only juridical but also psychological and cultural. In addition, if TNI Soldiers are subject to the general judiciary, it will result in the destruction of military joints or principles that are the backbone of law enforcement and discipline of Soldiers.
Pembaharuan Hukum : Reformasi Sistem Peradilan Militer di Indonesia Irman Putra; Arief Fahmi Lubis
Public Service and Governance Journal Vol. 1 No. 2 (2020): Juli: Public Service and Governance Journal
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/psgj.v1i2.2043

Abstract

Reform of the military justice system (criminal law enforcement) is essentially part of the idea of law reform. Legal reform includes not only "legal substance reform" and "legal structure reform", but also "legal culture reform". Therefore, the reform of the military criminal law system must also be accompanied by the renewal of the military legal culture, which includes, among other things, the renewal of the cultural aspects of legal behavior and legal awareness related to "military culture" and the renewal of the aspect of military legal education/science. So, "legal behaviour, legal, science and legal education reform" is also needed. This research will discuss Military Justice Reform in Indonesia, by conducting a comparative study with the existing military justice systems in various countries. This article concludes that the prospect of the position of the military court in Indonesia after the administrative, organizational, and financial fields are in the Supreme Court will make the military court better and more independent. The administration and organization will be more well organized in accordance with other courts.
Socio-Cultural : Dalam Perdebatan Penundukan Prajurit TNI dalam Peradilan Umum dengan Peradilan Militer Irman Putra; Arief Fahmi Lubis
Public Service and Governance Journal Vol. 1 No. 1 (2020): Januari: Public Service and Governance Journal
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/psgj.v1i1.2042

Abstract

Pros and cons about the position and jurisdiction of military courts still often occur in legal discourse in Indonesia. On the one hand, there is a group that states that the military court is only authorized to try military crimes and is not authorized to try general crimes committed by TNI soldiers, but another group states that the military court still has the authority to try both general crimes and military crimes. This article will photograph the discourse that has existed so far. This article will also explain the Position and Jurisdiction of the Military Court in Indonesia after being under the jurisdiction of the Supreme Court and the impact of the submission of TNI soldiers to the General Court on military principles. The method used was an in-depth interview with a number of sources, especially to see the growing opinion if TNI soldiers were tried in the general court. The conclusion of this article is that psychologically and culturally, TNI soldiers are not appropriate to be tried in the general court. Thus, the issue of subjugating TNI soldiers to the general court is not only juridical but also psychological and cultural. In addition, if TNI Soldiers are subject to the general judiciary, it will result in the destruction of military joints or principles that are the backbone of law enforcement and discipline of Soldiers.
Pembaharuan Hukum : Reformasi Sistem Peradilan Militer di Indonesia Irman Putra; Arief Fahmi Lubis
Public Service and Governance Journal Vol. 1 No. 2 (2020): Juli: Public Service and Governance Journal
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/psgj.v1i2.2043

Abstract

Reform of the military justice system (criminal law enforcement) is essentially part of the idea of law reform. Legal reform includes not only "legal substance reform" and "legal structure reform", but also "legal culture reform". Therefore, the reform of the military criminal law system must also be accompanied by the renewal of the military legal culture, which includes, among other things, the renewal of the cultural aspects of legal behavior and legal awareness related to "military culture" and the renewal of the aspect of military legal education/science. So, "legal behaviour, legal, science and legal education reform" is also needed. This research will discuss Military Justice Reform in Indonesia, by conducting a comparative study with the existing military justice systems in various countries. This article concludes that the prospect of the position of the military court in Indonesia after the administrative, organizational, and financial fields are in the Supreme Court will make the military court better and more independent. The administration and organization will be more well organized in accordance with other courts.
Co-Authors Agustinus F. Paskalino Dadi Agustono Agustono Arief Fahmi Lubis Bambang Iriawan Dian Kemala Dewi Edy Sony Firdaus, Firdaus Firzhal Arzhi Jiwantara Hafizh Idri Purbajati Heri Budianto Indah Susilowati Karolus Charlaes Bego M. Aslam Fadli Munip, Al Parluhutan Sagala Ramlani Lina Sinaulan Zainol Hasan