Abstract
Law enforcement in the Military Court System in the settlement of criminal cases committed by TNI soldiers is seen as not yet fully guaranteeing legal protection for the rights of suspects, this is due to the absence of a control agency that oversees the actions of law enforcement officers in carrying out their duties and authorities as is the case in the system. General Court. This condition should not drag on indefinitely, because it will affect the law enforcement process and harm the suspect to fight for his rights to obtain justice which results in human rights violations (TNI soldiers). The purpose of the establishment of the Pretrial Institution is as stated in the Elucidation of Article 80 of the Criminal Procedure Code which states that this article intends to uphold law, justice, and truth through horizontal supervision. Settlement of criminal cases in Indonesia in addition to the Code of Criminal Procedure Code (KUHAP) which applies to civil society, we also recognize the existence of the Military Criminal Procedure Code which is regulated in Law Number 31 of 1997 concerning Military Courts, namely the law that regulates the procedure for resolving criminal cases. a criminal case committed by a TNI soldier. The Law on Military Courts includes the provisions of the litigation process (Military Criminal Procedure Law) starting from the investigation stage, submission of cases, the examination process at trial to the implementation of decisions. 31 of 1997 does not regulate pretrial. In several cases in the Military Court where a suspect was detained without a warrant for detention or was late in obtaining a warrant for detention, therefore such actions may conflict with the principles applicable in the provisions of criminal law so that they do not respect the position of the suspect as a creature created by God, even the act can lead to human rights violators. Therefore, in the military justice system in Indonesia, pretrial institutions are needed as a form of horizontal external supervision.
Highlights
Law enforcement in the Military Court System in the settlement of criminal cases committed by TNI soldiers is seen as not yet fully guaranteeing legal protection for the rights of suspects, this is due to the absence of a control agency that oversees the actions of law enforcement officers in carrying out their duties and authorities as is the case in the system
Settlement of criminal cases in Indonesia in addition to the Code of Criminal Procedure Code (KUHAP) which applies to civil society, we recognize the existence of the Military Criminal Procedure Code which is regulated in Law Number 31 of 1997 concerning Military Courts, namely the law that regulates the procedure for resolving criminal cases. a criminal case committed by a TNI soldier
In several cases in the Military Court where a suspect was detained without a warrant for detention or was late in obtaining a warrant for detention, such actions may conflict with the principles applicable in the provisions of criminal law so that they do not respect the position of the suspect as a creature created by God, even the act can lead to human rights violators
Summary
Indonesia as a state of law should provide legal to the community (Mujahidin, 2007). The criminal justice system in Indonesia is largely required to support the creation of a fair law enforcement and regulated in Law Number 8 of 1981 concerning the Criminal implementation process, because the enforcement and Procedure Code (KUHAP). The void in law enforcement at the lowest level as a result well as compensation and/or rehabilitation for a person whose of the absence of a pretrial institution in the criminal justice criminal case is terminated at the investigation level or system in the military justice environment has created uncertainty prosecution These provisions are needed for the supervision of and justice for justice seekers, especially TNI soldiers who were law enforcement officers so that in carrying out their authority harmed due to detentions that were not or were late in issuing they do not commit fraud or abuse of authority. This approach is carried out by examining the background and development of regulations regarding the legal issues faced In this case, the Law of the Republic of Indonesia Number 31 of 1997 concerning Military Courts, what is the background behind the birth of the law and why does the law not regulate the Pretrial Institution. The sociological or empirical juridical approach is used to examine facts in the field, both juridical and nonjuridical facts to find reasons for the existence of Pretrial in the Military Justice System in Indonesia
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