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Diskursus Penundukan Prajurit TNI pada Peradilan Umum Tiarsen Buaton; Prastopo Prastopo; Agustinus Purnomo Hadi; Ateng Karsoma; Mulyono Mulyono; M. Ali Ridho
Jurnal Studi Multidisiplin Ilmu Vol 2 No 1 (2024): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jasmi.v2i1.3515

Abstract

Purpose: Pros and cons about the position and jurisdiction of military courts still often occur in legal discourse in Indonesia. On the one hand, there are groups that state that military courts are only authorized to try military crimes and are not authorized to try general crimes committed by TNI soldiers, but other groups state that military courts still have the authority to try both general and military crimes. This article will capture the discourse that has existed so far. This article will also explain about the Position and Jurisdiction of Military Courts in Indonesia after being under the authority of the Supreme Court and the impact of the submission of TNI soldiers to the General Court on military principles. Method: The method used is an in-depth interview with a number of sources, especially to see the opinions that develop if TNI soldiers are tried in the general court. Result: The conclusion of this article is that psychologically and culturally, TNI soldiers are not appropriate to be tried in general courts. Thus the issue of submission of 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 court, this will result in the destruction of the joints or principles of the military which are the backbone of law enforcement and discipline of Soldiers.
Menuju Peradilan yang Independen dan Akuntabel Prastopo Prastopo; Agustinus Purnomo Hadi; Tiarsen Buaton; M. Ali Ridho; Ateng Karsoma; Mulyono Mulyono
Jurnal Studi Multidisiplin Ilmu Vol 2 No 1 (2024): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jasmi.v2i1.3516

Abstract

Purpose: This paper will discuss the position and function of the judicial power in Indonesia, as seen from its development since 1959, when Indonesia returned to the 1945 Constitution until 2008. Thus this paper will look at the entirety of the legislation governing the judicial power since the return to the 1945 Constitution through the Presidential Decree of July 5, 1959 and towards a one-stop judiciary under the Supreme Court. The study will primarily be directed at how to make the judiciary in Indonesia more independent and accountable. Method: Examine legal literature, policies, and case studies related to judicial independence and accountability. Results: Identify key issues affecting the independence and accountability of the judicial system.
Reformasi Sistem Peradilan Militer Indonesia Tiarsen Buaton; Agustinus Purnomo Hadi; Prastopo Prastopo; Ateng Karsoma; M. Ali Ridho
Jurnal Studi Multidisiplin Ilmu Vol 2 No 1 (2024): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jasmi.v2i1.3517

Abstract

Purpose: Reform of the military justice system (criminal law enforcement) is essentially part of the idea of law reform. Law reform not only includes "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 a renewal of military legal culture, which includes, among others, updating the cultural aspects of legal behavior and legal awareness related to "military culture" and updating the aspects of military legal education/science Methodology: Thus, "legal behavior, legal, science and legal education reform" is also needed. This paper will discuss Military Justice Reform in Indonesia, by conducting a comparative study with existing military justice systems in various countries. Results: This article concludes that the prospect of the position of military justice in Indonesia after the administrative, organizational and financial fields are in the Supreme Court will make military justice better and more independent. Its administration and organization will be better organized in line with other courts.
Position and Jurisdiction of Military Courts in Indonesia Tiarsen Buaton; Agustinus Purnomo Hadi; Prastopo Prastopo; M. Ali Ridho; Ateng Karsoma
Jurnal Studi Multidisiplin Ilmu Vol 2 No 1 (2024): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jasmi.v2i1.3518

Abstract

Purpose: Analyze the scope of jurisdiction and authority of military courts over cases involving military personnel and other related issues adan Assess how military courts interact with civilian courts and the implications for justice and military discipline. Method: Conduct interviews with legal experts, military personnel, and practitioners in the field of military justice to gather insights on the functioning and challenges of military courts. Result: A detailed explanation of how military courts are situated within Indonesia's judicial hierarchy, including their relationship with civilian courts and the constitutional basis for their existence. An outline of the specific types of cases military courts are authorized to handle, including criminal offenses committed by military personnel, disciplinary matters, and other related issues. Insights into how military courts operate in practice, including procedural aspects, the role of military judges, and the enforcement of military justice.
Co-Authors Agustinus Purnomo Hadi M. Ali Ridho Mulyono Mulyono Prastopo Prastopo Tiarsen Buaton