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Res Judicata
Published by Universitas Muhammadiyah Pontianak
ISSN : 26221888     EISSN : 26211602     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Res Judicata ialah Jurnal Ilmiah Program Studi Hukum, Universitas Muhammadiyah Pontianak. Res Judicata terbit secara berkala 2 (dua) kali dalam satu tahun, pada bulan Juni dan Oktober. Res Judicata merupakan sarana publikasi hasil riset di bidang Hukum yang memiliki kontribusi bagi pembaharuan, perkembangan ilmu pengetahuan serta praktik di bidang hukum. ISSN : 2621-1602 (media online) ISSN : 2622-1888 (media cetak).
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Articles 2 Documents
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Search results for , issue "Vol 6, No 1 (2023)" : 2 Documents clear
Penerapan Sanksi Tindak Pidana Asusila Oleh Pengadilan Militer I-05 Pontianak (Putusan Nomor 53-K/Pm.I-05/Ad/Ix/2017) Anshari Anshari; Azzahra Lalili Firdaus Tupan; Nina Niken Lestari
Res Judicata Vol 6, No 1 (2023)
Publisher : Fakultas Hukum, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v6i1.5953

Abstract

ABSTRACKThe military has privileges in the field of law by having its own legal rules, one of which is the Military Criminal Law as a material law that is stipulated and enforced against the Indonesian National Armed Forces (TNI). At the formal level, the Military Criminal Code (KUHPM) is used. The proceedings in the Military Court are regulated in Law Number 31 of 1997 concerning Military Courts. There are also criminal cases where the perpetrator is a soldier, one of which is immoral crime which in this study is used in decision number 53-K/PM.I-05/AD/IX/2017 to critically explain the procession of first-level military court proceedings. The purpose of this study is to find out the procedures for criminalizing TNI Soldiers according to Law Number 31 of 1997 concerning Military Justice. The settlement process was carried out at the 1-05 Pontianak Military Court. In order to find out the settlement process carried out at the Pontianak 1-05 Military Court. This type of research is empirical research, using a qualitative approach, data collection techniques used by interviews, data analysis techniques with qualitative analysis. The results of this study, the State will provide sanctions to any perpetrators of violations such as criminal acts, the Military Court also has a criminal and criminal system that is guided by the Criminal Procedure Code (KUHAP) and Law Number 31 of 1997 concerning Military Courts. There are differences in the process of criminal proceedings in the General Court and the Military Court which perhaps many civil society do not know about. In decision number 53-K/PM-I.05/AD/IX/2017 it explains the process of settling an immoral crime case committed by a TNI soldier and the settlement is in accordance with the rules that apply to Law number 31 of 1997 concerning Justice Military.
The Indonesian State Law System Is Based on The Philosophy of Pancasila and Constitution Arsyad Aldyan
Res Judicata Vol 6, No 1 (2023)
Publisher : Fakultas Hukum, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v6i1.4939

Abstract

The State of Indonesia is a legal state which, of course, has a different legal system from other countries, where the difference in the legal system of the Indonesian state is this Indonesian state applies several existing legal systems, including applying some of the characteristics of the legal system of continental Europe, Anglo Saxon, and also the Islamic Law System. The primary basis in the formation of law in the state of Indonesia is Pancasila, besides that this Pancasila, which is also the ideology of the Indonesian state, is also used as a reference in the legal system in the State of Indonesia, with the existence of Pancasila all differences in customs, ethnicity, race, religion, and culture can be united to can accommodate all the legal interests of the Indonesian people, of course, the legal system used in this State of Indonesia is a legal system based on Pancasila as the state ideology. The legal system in Indonesia recognizes the existence of customary law and Islamic law because this Indonesian state has many customary law communities, and the majority of the population is Muslim, so that with this, the state legal system based on Pancasila, of course, also includes law. Customary law and Islamic law in the legal system in Indonesia. In the context of developing law in Indonesia, of course, also proclaiming the values of Pancasila, the implementation of the fourth principle of Pancasila, namely law-making is carried out through democracy led by wisdom in representative deliberation, and in the context of law enforcement in Indonesia, of course, must also prioritize values. Social justice. Keywords: Legal System, Pancasila, State of Law.

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