The Position of Military Justice to the Indonesian Judiciary System

Budi Pramono,Lecturer, Faculty Of Law, Hang Tuah University, Surabaya, Indonesia

doi:10.47191/ijsshr/v4-i11-05

Budi Pramono, Lecturer, Faculty Of Law, Hang Tuah University, Surabaya, Indonesia

Open Access

https://doi.org/10.47191/ijsshr/v4-i11-05

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Abstract

The main problem in this paper is how the position of military justice in the Indonesian judicial system with the issuance of Article 3 paragraph (4) Letter (a) of MPR Decree Number: VII / MPR / 2000, which explains that Indonesian National Military submit to the power of military justice in cases of lawlessness. military and submit to the general court for violations of general criminal law. This research is a type of juridical normative research that bases positive legal norms using statutory, conceptual and comparative approaches. The position of Military Justice in the Indonesian judicial system is part of the judicial power which has a strong and unquestionable position, because it is not against the constitution and is still in the corridor of the legal system in Indonesia, which is stated in Article 24 Paragraph (2) of the Fourth Amendment of the 1945 Indonesian Constitution as the constitution. state, and more emphasized in Article 18 of Law Number 48 of 2009 concerning Judicial Power.

Highlights

Indonesia's independence proclamation on August 17th, 1945 gave birth to the noble ideals that were written in the Preamble of the 1945 Constitution
These noble ideals are listed in paragraph IV of the original 1945 Constitution, the formulation is to protect all Indonesian people and all Indonesian blood spills and to advance public welfare, educate the nation's life, and participate in carrying out world order based on independence, eternal peace and justice. social
The role of the Indonesian National Military as the main system of national defense with one of its main tasks is to uphold national sovereignty, the territorial integrity of the Unitary State of the Republic of Indonesia and to protect the whole nation and the spilling of Indonesian blood from threats and disturbances to the integrity of the nation and the state, while the role of the National Police as a state instrument that plays a role in maintaining Kamtibmas, upholding the law, providing shelter and service to the community

Summary

INTRODUCTION

Indonesia's independence proclamation on August 17th, 1945 gave birth to the noble ideals that were written in the Preamble of the 1945 Constitution (hereinafter abbreviated to the 1945 Constitution). The role of the Indonesian National Military as the main system of national defense with one of its main tasks is to uphold national sovereignty, the territorial integrity of the Unitary State of the Republic of Indonesia and to protect the whole nation and the spilling of Indonesian blood from threats and disturbances to the integrity of the nation and the state, while the role of the National Police as a state instrument that plays a role in maintaining Kamtibmas, upholding the law, providing shelter and service to the community Both of these Decrees gave birth to Law Number 2 of 2002 concerning the National Police, Law Number 3 of 2002 concerning State Defense and Law Number 34 of 2004 concerning the Indonesian National Military, and Law Number 48 of 2009 concerning Judicial Power, which changed the status fostering Military Justice. The image is analyzed using deduction logic.[2]

MILITARY JUSTICE COMPETENCIES IN THE LEGAL SYSTEM IN INDONESIA

MILITARY JUSTICE COMPETENCIES IN SEVERAL COUNTRIES

Findings

CONCLUSIONS