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ANALISIS PENERAPAN SANKSI PIDANA TERHADAP MILITER YANG MELAKUKAN TINDAK PIDANA PERKOSAAN (PUTUSAN NOMOR: 35-K/PM III-17/AD/II/2022): Analysis of Criminal Sanctions Against Military Who Commit the Crime of Rape (Decision Number: 35-K/PM III-17/AD/II/2022) Jenifi Plona Makienggung; Aprima Suar
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.21249

The analysis examines the criminal sanctions applied to a military officer convicted of rape in Decision No. 35-K/PM III-17/AD/II/2022. Under Article 285 of the Criminal Code, rape is a severe crime, and military personnel may face sanctions under the Criminal Code if their actions are not specifically addressed by military law. The research addresses two main issues: 1) Whether the criminal sanctions in this decision are consistent with Article 285, and 2) How criminal sanctions should be aggravated for a military officer found guilty of rape in this case. This normative juridical research, using descriptive analysis, concludes that the sanctions in Decision No. 35-K/PM III-17/AD/II/2022 do not align with Article 285. The judge should have imposed harsher penalties, taking into account the severity of the offense. The aggravation of criminal sanctions should have been guided by Article 52 of the Criminal Code, allowing for an increase of one-third of the original penalty.

Tindak Pidana Penganiayaan Terungkap Direncanakan Terlebih Dahulu Mengakibatkan Korban Luka-Luka (Studi Putusan PN Brebes Nomor: 57/ Pid.B /2020 / PN.BBs.).” Adde Pramana Putra; Aprima Suar
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.15827

Based on how these actions affect the victims, material criminal law is applied to acts of persecution. The elements of the persecution offense that were broken will determine how the victim of the crime is punished. The issue is whether the criminal act of persecution in the case of Brebes District Court Decision No: 57/Pid.B/2020/PN.BBs., satisfies the criminal elements of Article 351 paragraph (1) of the Criminal Code, and how the criminal act of persecution in the case of the Brebes District Court Decision is subject to material criminal law. The research approach makes use of a particular sort of study, namely normative legal research, which has an analytical descriptive research nature. and the type of data used is secondary data, analyzed qualitatively to then draw conclusions deductively. The results of the research, discussion and conclusion are that the abuse committed by the Defendant against the Victims and concluded from witness statements, the confessions of the accused and from the results of the Visum Et Repertum, fulfill the criminal elements of Article 351 paragraph (1) of the Criminal Code. However, the application of the material criminal law by the Panel of Judges at the Brebes District Court was inappropriate, because the legal facts revealed at trial showed that the sickle used by the Defendant had been prepared beforehand, so that the application of material punishment to the case was a criminal act of premeditated persecution under Article 353 of the Criminal Code.

- Tinjauan Pidana Kesusilaan Dimuka Umum Yang Dilakukan Oleh Militer (Put. No. 110-k/PMT-K/BDG/AD/XI/2019) (Studi Putusan No.26/Pid.Sus/2021/PN Kph): - Azhari Halin Hutapea; Aprima Suar
Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16836

The military personnel of the TNI are subject to the law. Regarding the exercise of judicial authority, a military court must be used for the trial. In this instance, using military justice to construct of the personnel. The military personnel of the TNI is breaking the law. Problem statement: What is the penalty for military personnel who violate public decency laws? And why did the judge impose further military criminal sanctions on personnel who commit crimes against decency in public? Analytical descriptive in character, normative legal studies is the study methodology used. The study's findings, analysis, and conclusion, which pertain to Article 281 of the prosecutor's indictment against those who committed the crime of decency In this case, the prosecution is only seeking a sentence of seven months in prison since the defendant planned to receive that sentence, and the author believes that the Auditor made mistakes during the prosecution. The maximum prison term is 2 years and 8 months due to the requirement in Article 281, Paragraph 1 of the Criminal Code, and this decision is also in conformity with the provisions in STK Panglima TNI No. 198 of 2005 connected to decency.

TINJAUAN YURIDIS TINDAK PIDANA KESUSILAAN DI MUKA UMUM OLEH MILITER (PUTUSAN NO 07–K/PM.III-12/AD/I/2020) : Juridical Review of Criminal Acts of Public Decency by the Military (Decision No. 07-K/PM.III-12/AD/I/2020) Muhammad Haritza Ardeanny Kurniawan; Aprima Suar
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.18928

The crime of adultery committed by the military is tried using general criminal provisions because adultery carried out militarily, as in the case of Decision No. 07-K/PM.III-12/AD/I/2020. The formulation of the problem in question is are the actions of the defendant in the crime of adultery by Article 281 paragraph (1) of the Criminal Code or Article 284 paragraph (1) of the Criminal Code? (Decision No. 07-K/PM.III-12/AD/I/2020) and how is the punishment of the military for committing the crime of adultery? (Decision No. 07-K/PM.III-12/AD/I/2020). This research was conducted using normative juridical research type with descriptive-analytical nature with secondary data which was analyzed qualitatively, followingand a conclusion was drawn based on deductive logic. The results of the research show that the actions of the defendant are not in accordance with the provisions of Article 281 paragraph (1) of the Criminal Code because the actions of the perpetrator should be included in the Crime of Adultery based on Article 284 paragraph (1) to 2a of the Criminal Code and the punishment given to the perpetrator is not appropriate which the defendant should be declared free from all legal charges (Onslaag van Alle Recht Vervolging).

ANALISIS TERKAIT PENGENAAN UU PERLINDUNGAN ANAK PADA TINDAK PIDANA PENCABULAN YANG DILAKUKAN OLEH ANGGOTA MILITER : Analysis Related To Imposition Of Child Protection Law On Crimes Of Abuse Committed By Members Of The Military Alvin Satrya Adhitama Sulistyo; Aprima Suar
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19858

The criminal act of obscenity can be committed by anyone as stated in decision Number 142-K/PM II-09/AD/IX/2022. The formulation of the problem is whether the perpetrator's actions have met the elements of a criminal act of morality and whether the judge's considerations are in accordance with Law Number 23 of 2014. The research method is normative legal research with a descriptive analytical type, using secondary data then analyzed qualitatively and drawing conclusions deductive. The results of the research and discussion contain elements which in the provisions of Article 281 paragraph (1) of the Criminal Code have been fulfilled, but in this case the judge did not pay enough attention to the fact that one of them was still a minor, so that the actions carried out by the defendant must be subject to the provisions of Article 76E in conjunction with Article 82 paragraph (1) of the Child Protection Law. The conclusion was that the judge's consideration of overriding the principle of "lex specialist derogat lege generali" was not in accordance with Law Number 23 of 2014 because there were victims who were still minors so that the provisions of Article 63 paragraph (2) of the Criminal Code

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