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

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.