Reformasi Hukum Trisakti
Vol 4 No 1 (2022): Reformasi Hukum Trisakti

PEMIDANAAN ANGGOTA MILITER PELAKU PERSETUBUHAN SESAMA JENIS (STUDI PUTUSAN NOMOR 231-K/PM.II-8/AU/XII/2020)

Muhammad Ramadhion Prastopo (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)



Article Info

Publish Date
23 Feb 2022

Abstract

These actions are punishable by both disciplinary action and criminal action. For instance, a military member who engages in same-sex sexual activity (gay) may face punishment as a Military Criminal, which includes the following: "refuses or deliberately disobeys an official order, or arbitrarily exceeds such an order" and is subject to the threat of intentional disobedience, as stated in Article 103 Paragraph (1) of the KUHPM. The Panel's judgment in this matter was not correct because it only imposed a sentence of one article, namely Article 103 paragraph (1) of the Criminal Procedure Code, even though the defendant's actions fulfilled the three articles charged, namely Article 294 paragraph (2) 1st Criminal Code, Article 281 1st Criminal Code and Article 103 paragraph (1) the Criminal Procedure Code. the defendant's actions have tarnished the military's image, so the Panel of Judges should have imposed a principal sentence that is heavier than 8 (eight) months or the Judge could maximize the sentence of Article 103 paragraph (1) of the Criminal Procedure Code, namely imprisonment for two years and four months and an additional penalty in the form of dismissal from military service.

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Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law ...