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All Journal Golden Ratio of Data in Summary Indonesian Journal of Law and Justice
Nainggolan, Yolanda
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Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Discussion Criminal Offense Of Fraud Committed By Members Of The Indonesian National Army (TNI) Nainggolan, Yolanda; Esther, July; Sinaga, Jusnizar
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3598

Abstract

Fraud committed by members of the TNI is a very concerning issue because it involves individuals who should be role models in upholding the law and protecting the public. This crime not only undermines public trust but also shows a violation of the code of ethics and military discipline, even though based on their duties the TNI is required to be someone who has high discipline from various aspects.The approach used by the author of this research is the Normative Juridical Approach where this approach is an approach that focuses on the study of library law which is carried out by examining library materials or secondary data as basic material to be researched by conducting a search for regulations related to this problem.The crime of fraud aims to convince the victim to fulfill his wishes. Fraud is not regulated in the Military Criminal Code (KUHPM), but the examination process by members of the TNI is carried out in the Military Court. The settlement of the crime of fraud by members of the Indonesian National Army follows Law No. 31 of 1997, which includes the stages of investigation, prosecution, and implementation of the decision.The verdict on the crime of fraud committed by members of the Indonesian National Army based on Decision Number 41-K/PM.I-02/AD/III/2024 is correct because it is in accordance with applicable laws. The judge stated that the defendant was legally and convincingly proven guilty of committing the crime of fraud by determining the evidence revealed during the trial and also the judge's own belief in the case.
Legal Settlement of The Crime of Desertion in Absentia in The Jurisdiction of Military Court I-02 Nainggolan, Yolanda; Esther, July
Golden Ratio of Data in Summary Vol. 5 No. 2 (2025): February - April
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i2.823

Abstract

One type of criminal offense that is often committed by Indonesian National Army (TNI) Soldiers is the crime of desertion as regulated in Law Number 39 of 1947 concerning the Military Criminal Code (KUHPM) precisely in Article 87 which is an act committed by a TNI Soldier to leave military service without superior permission, at a specified time and place. The crime of desertion has the main characteristic of unauthorized absence committed by an army person at a place. The absence can be in the form of traveling to a place, hiding oneself, crossing the enemy, entering the military service of another country, or deliberately making oneself left behind. The settlement of cases of desertion crimes often finds several problems, one of which is that the person who committed the crime of desertion cannot be found, which causes the examination process to be carried out in the absence of the defendant (In Absentia). In Absentia, an examination is carried out so that the case is resolved quickly to uphold the discipline of soldiers and maintain the integrity of the troops. Including the case of the case submission that was not examined because from the beginning, the defendant fled and was not found again within 6 (six) consecutive months from the date of submission of the case file and 3 (three) consecutive summons efforts have been made. An examination can be conducted and decided without the defendant's presence in court.
Co-Authors Esther, July Sinaga, Jusnizar