Military Courts Research Articles

Legal analysis of civil law settlement in the perspective of criminal legal settlement (Case Study of Military Court Decision I-05 Pontianak Number: 46K/PM.I-05/AD/IX/2021)

Legal analysis of civil law settlement in the perspective of criminal legal settlement (Case Study of Military Court Decision I-05 Pontianak Number: 46K/PM.I-05/AD/IX/2021)

AI in terrorism sentencing: evaluating predictive accuracy and ethical implications

ABSTRACT This study investigates the potential of artificial intelligence (AI) to predict sentencing outcomes in terrorism-related attempted murder cases. By comparing AI model predictions with actual sentences from Israeli civilian and military courts, the research evaluates AI’s accuracy and consistency. Findings indicate that AI predictions align closely with human judgments yet also reveal significant challenges in capturing case-specific nuances. This study contributes to the debate on AI’s role in the legal system, providing insights into developing responsible and effective AI integration in judicial decision-making.

“Interesting Cases”: On the Problem of Embezzlement in the Russian Army of the 18th – Early 19th Century

The article is written mainly on the materials of military court cases from the Russian State Military Historical Archive, as well as regulatory and legislative sources. The author examines property crimes within the Russian army from a socio-cultural perspective. The author concludes that the tools and practices that served as constraints in plundering money and resources have evolved over several decades. The practice of intimidation and capital punishment, which originated under Peter I, very quickly proved to be uneffective. As a result, by the middle of the 18th century, a system was formed so that, aside from the usual financial liability of the perpetrators, criminal and disciplinary penalties, it was effectively complemented by the principle of the command vertical liability in the matter of compensation for damage, which gave it a special corporate character. A specific attitude towards damage also facilitated this. The claim arose from a specific military unit, not from the treasury. This damage could not be forgiven even by the emperor. Measures such as sequestration of the culprit’s real estate and extending material claims to their heirs further reinforced the corporate identity of the regiment’s property.

Anton Vavrinec Ottmayer – administrácia, advokácia, správa a vzdelávanie

The study deals with an important Slovak lawyer, university lecturer and writer Anton Vavrinec Ottmayer who lived and worked in the capital of the Hungarian Kingdom for the first two thirds of the 19th century. The paper deals mainly with the lesser-known aspects of his career, in particular his scientific career within the Faculty of Law, where he was Dean for two years (1832–1834). He lectured on statistics, mining law and also published on the law of substitution. His literary works were written in Slovak, his professional legal works in Latin and German. In addition, he worked as an attorney and agent (lawyer) at the military court. In 1849 he was accused of insulting the majesty by the Austrian authorities, he was convicted and spent one year in prison. This put an end to his previous university career and he therefore started his own business. His aim was to build a waterworks in Pest. His activities were not always successful, he lost his house at auction and tax lawsuits were also brought against him. To this day, it is not entirely clear exactly when he died. Ottmayer’s life well documents the developments of Hungarian capital, the existential dilemmas, professional and political challenges for lawyers at the time. It also documents the university world and the professional issues that resonated in the professional press of the first half of the 19th century.

Brett J. Kyle and Andrew G. Reiter . Military Courts, Civil-Military Relations, and the Legal Battle for Democracy: The Politics of Military Justice. Abingdon: Routledge, 2022. Figures, tables, index, 252 pp.; hardcover $144, paperback $43.99.

Brett J. Kyle and Andrew G. Reiter . Military Courts, Civil-Military Relations, and the Legal Battle for Democracy: The Politics of Military Justice. Abingdon: Routledge, 2022. Figures, tables, index, 252 pp.; hardcover $144, paperback $43.99.

Contested Victimhood: (Un)Courting Victims of Terrorism in the Israeli-Palestinian Conflict

Despite the growing number of victims of terrorism globally, research is scant about a class of victims who, in theory, epitomize Nils Christie’s concept of the “Ideal Victim,” deemed worthy of public sympathy and social support. The difficult experiences of terrorism victims in Israel, particularly in military court proceedings as documented through interviews, court transcripts, and observations, highlight how the politicization of terrorism exacerbates secondary victimization for terror victims and their families. We postulate that, in addition to the adversarial legal system constraints victims experience in legal proceedings, victim identity in Israel is culturally eschewed in favor of a national(ist) meta-narrative that valorizes strength and self-reliance. A militarized Israeli society asserting its superior might is a symbolic rejection of a helpless victim status, historically forced upon Jews facing persecution and terror. We conclude that terror victims’ treatment mirrors a given society’s image of itself.

군인의 죽음과 관련된 몇 가지 법적 과제

The death of a soldier signifies a profound sacrifice and dedication to the national community, and as such, it should be properly honored. It also reflects the values upheld by the nation. This article addresses various legal issues related to the death of soldiers, including distinctions between combat-related deaths, duty-related deaths, and other categories under the Military Personnel Act, as well as decisions regarding national merit and compensation under the National Merit Act and the Veterans' Compensation Act. Recently, the revision of the Military Court Act transferred the authority to investigate military deaths from the military to the National Police Agency, which is a positive development. However, considering that approximately 60-80% of recent military deaths are suicides, these cases often lack criminal allegations and are quickly concluded, potentially leading to inadequate investigations of significant unit-related factors. This highlights a limitation of the current system. The article also discusses issues such as the categorization of duty-related deaths, conflicts or inconsistencies between the National Merit Act and the Veterans' Compensation Act Enforcement Decree, among others. It is essential to establish a state agency independent of the military to investigate not only the deaths of soldiers but also the related unit-level factors. This is crucial to prevent the recurrence of similar incidents. The Military Human Rights Protection Officer, who also serves as a standing commissioner of the National Human Rights Commission, could fulfill this role. Additionally, this agency should have the authority to review decisions regarding death classifications if objections are raised by the bereaved families. Currently, the Central Military Merit Review Committee, which operates under the Ministry of National Defense, is responsible for re-investigating the causes of death. This could be seen as a conflict of interest, as it involves self-judgment. To address this, it may be beneficial for a newly established Military Human Rights Supervisory Body to assume the final responsibility for re-investigations and death classification judgments. In summary, this new body should be responsible for 1) the protection of and policy development regarding military human rights, 2) the investigation of military death cases based on complaints from bereaved families or ex officio, and 3) the re-investigation and review of death classifications upon objections from the bereaved.

Faktor Penyebab dan Upaya Penanggulangan Tindak Pidana Penganiayaan oleh Anggota TNI yang Mengakibatkan Matinya Warga Sipil di Wilayah Hukum Pengadilan Militer III-15 Kupang

The purpose of this study is to analyze the causal factors and efforts to overcome the criminal act of persecution by members of the TNI which resulted in the death of civilians in the jurisdiction of Military Court III-15 Kupang. Empirical juridical research is legal research on the enactment or implementation of normative legal provisions in every legal event that occurs in society. The results of this study show: (1) there are several factors that cause the persecution committed by members of the TNI which resulted in the death of civilians, namely the motive factor of the perpetrator, economic factors, and law enforcement factors. (2).The countermeasures taken consist of: Preemtiv efforts, Preventive efforts and Repressive Efforts. In accordance with the results of this study, it is hoped that we can appreciate the existence of the existing rule of law so that when an event occurs that relates to the rule of law, then we do not have to take the law into our own hands which will harm ourselves and others.

THE NARRATIVE IN T. KESKISARJA’S BOOK “THE WAR OF THE HATS”

The research is carried out within the framework of a narratological analysis, the material for which was T. Keskisarja’s military historical monograph “The War of the Hats.” Keskisarja’s work is a historical narrative with literary features. The narrative strategies implemented in the text are considered.The starting point of the research was the juxtaposition of historical and literary narratives, scientific and artistic styles. Keskisarja’s book is dedicated to the Russian-Swedish war of 1741–1743 (known as the War of the Hats), which Sweden began in the hope of regaining the territories lost during the Northern War (1700–1721).The scenes of the past are presented mainly through the decisions of military and civil courts, clergy records, various documents (letters, orders, petitions), historical maps. Keskisarja uses interpretation as the main tool for analyzing archival materials, which makes it possible to reason about human experience.The method used by Keskisarja to present archival data to the 21st-century reader through the prism of a novel with the features of a psychological analysis fully meets the needs of the present time. The fascinating manner of narration, combined with the historian’s professionalism gives the reader a completely adequate idea of the political situation in Europe and the tragic events of the 18th century.Keskisarja uses the expressive means of fiction, inserts a fictional, independent, third-party observer into the historical narrative — a “sentient being” who evaluates events and conducts a dialogue with the reader. Such features of the text under study as dialogicality, anthropocentricity, emotionality, and hybridity are noted. The details of the fates of real people give the narrative volume and expressiveness. The author of the monograph does not “invent” certain events of the described reality — he conjectures and interprets them, trying to discover their meaning, their connection with the past and the future.

Restoration of military courts as a component of state governance of the judicial system of Ukraine

The article highlights the issue of restoration of military courts as a component of public administration of the judiciary of Ukraine. The author examines the activities of military courts on the territory of Ukraine prior to their liquidation, and also studies the works of scholars and legislative initiatives on the restoration of military courts. It is found that the liquidation of military courts had negative consequences and could have been avoided by reforming them in accordance with the existing needs. The author establishes that the current administration of justice in the field of military offenses by courts without appropriate specialization is ineffective, and the reasons for this situation are identified. The author substantiates the urgent need to restore military courts in Ukraine and the ways of such restoration. Based on the analysis of existing legislative initiatives, the author shows that they are progressive, but at the same time points out the need to adopt a significant number of legislative acts and allocate adequate funding for the restoration of military courts. The author proves the need to restore military courts of a “mixed” type and the practical impossibility of restoring the previously existing classical type of military courts. It is stated that the public administration of the judicial system of Ukraine, in particular, in terms of restoring military courts, is not effective enough, and the author suggests ways to improve it, taking into account the realities of today and the experience of other states.

Career Development in Military Court

Career development is an employee's point of view that provides an overview of future career paths in the organization and signifies the long-term interests of the organization to employees. In developing employee careers, organizations need to provide good support regarding information, training, and opportunities that will have a positive impact on the organization. This study aims to determine the level of employee career development at the Military Court in Medan Indonesia. The sampling technique was total sampling with a sample size of 76 people. Data collection was done through questionnaires. This study used One-Way ANOVA and cross tabulation. The results of this study concluded that career development in the Military Court is in the high category. Career development of military employees is high and career development in government employees is low. This study can be a guideline for organizations to see the level of employee career development and invest in improving career development.

THE AUTHORITY OF MILITARY COURT IN PUNISHMENT OF CORRUPTION ABUSE OF MILITARY HOUSING SAVINGS FUNDS

The purpose of this research is to determine the authority of the main military court in prosecuting violations of military conscription savings funds. The research method used in this research uses a normative juridical approach. The results of the research stated that the sentence had been carried out by a judge based on the provisions regulated in the Criminal Code and the Corruption Eradication Law. The examination carried out by the judge from the examination at the court of first instance to the appeal level has not been carried out in the form of reverse evidence. This is related to civil interests, namely PLTN, which is a private legal entity related to housing procurement, only carries out its obligations as a company appointed by the Army TWP Organization for the construction of Army housing. The military criminal justice system needs to be developed so that military judges can give civilians the opportunity to provide reverse evidence, which is the NPP's right as a defendant who does not have TNI status.

Connectivity Case a Juridical Review of the Handling Process before and After the Establishment of the Attorney General in the Military Criminal Field

This Indonesia is a country with a large and diverse population, consisting of many islands and a multitude of cultures and customs. The people of this nation live and operate according to existing norms and regulations, coexisting within their midst, which upholds a high regard for a legal system governing societal order. This is why Indonesia can be referred to as a legal state (rechtsstaat), a notion further solidified by Article 1 paragraph (3) of the 1945 Constitution, which declares Indonesia as a legal state.There are four systems of justice in Indonesia: general courts, religious courts, military courts, and administrative courts. These systems stand independently, separate from one another, each with its own functions and absolute authority in carrying out its duties. Thus, each system possesses jurisdiction that cannot be interfered with by other judicial systems. However, despite Indonesia's respect for the law, there are also many Indonesians who violate and disregard the laws in place, acting arbitrarily and without adherence to regulations and existing laws. This is evidenced by the numerous cases that occur, with perpetrators not only being ordinary citizens but sometimes also engaging in criminal acts alongside military personnel, commonly known as the TNI or the Indonesian National Armed Forces. The fact that TNI members exist and live among the civilian population, with their special status, combined with the drive to improve their standard of living or economic motives, leads many of them to engage in criminal activities with civilians, whether as perpetrators, accomplices, or assistants. In several cases involving both TNI members and civilians, they encounter difficulties in their handling. In connection with the above, to enhance the effectiveness of handling connectivity cases (involving perpetrators from both the TNI and civilians), a special institution/organization was established within the Indonesian Attorney General's Office, namely the Deputy Attorney General for Military Crime Affairs.

Preživetje v strelskih jarkih in v zaledju: med pomanjkanjem in kaznovanjem

World War I was not only traumatic for the soldiers in the trenches but also for civilians who experienced labour mobilisation, war attrition, deprivation, and hunger in the hinterland. After encountering the topography of the trenches and the survival strategies that determined everyday life during the war, a completely new, previously unknown world of perceptions involving new hierarchies, rules, and vocabulary was created. Concepts like the “total” mobilisation and militarisation of society illustrate the impact of the war on human relations and reasoning. War Propaganda Offices shaped the image of the enemies and encouraged the search for internal opponents. In the hinterland, many people’s rights were abolished or diminished through a series of measures. The Military Court was given jurisdiction over the civilians. After the armistice, masses of soldiers returned home, and together with the civilian population, they started cleaning up the ruins that were not only material.

Pelaksanaan Penuntutan Oditur Militer Terhadap Oknum Tentara Nasional Indonesia Angkatan Darat (TNI AD) dalam Tindak Pidana Umum

This research is aimed at finding out more about the implementation of prosecutions by Military Prosecutors starting from the case files resulting from the investigation being received by the Military Prosecutor until the transfer of case files to the Military Court. The aim of this research is to determine the implementation of prosecutions carried out by Military Prosecutors against TNI AD personnel who commit criminal acts and to find out what the obstacles are and how to overcome obstacles in carrying out prosecutions against TNI AD individuals who commit criminal acts. This type of research is a field research located at the I-04 Military Prosecutor's office, Padang, West Sumatra. The data used are primary data and secondary data obtained from interviews, statutory regulations and literature studies. The informant in this research was the Head of the I-04 Padang Military Authority. The results of this research are that the implementation of the prosecution begins when the case file is received by the Oditur, the Oditur examines the case file, makes a Sph Father, makes an indictment, and transfers the case file to the Military Court.

Behavior of Nizhny Novgorod Diocese Clergy during First Russian Revolution

This study examines the behavior of the clergy of the Nizhny Novgorod Diocese regarding the revolutionary events at the beginning of the 20th century. It identifies instances of oppositional behavior and its consequences for the priests of the Nizhny Novgorod Diocese during the period of 1905-1907. The novelty of the research lies in the fact that, for the first time in this article, based on materials from the Nizhny Novgorod Spiritual Consistory, attention is drawn to the anti-government sentiments and actions of representatives of parish clergy of the Nizhny Novgorod Diocese during the first revolution. It is shown that oppositional behavior was not widespread but rather isolated. The author concludes that it manifested as a protest against social injustice, military field courts, in defense of peasants’ rights to land against landlords, urging peasants to disobey authority, non-payment of taxes, church fees, association with politically unreliable individuals, liberal interpretation of the Manifesto of October 17, 1905, and so on. The author believes that the accused priests did not align themselves with a specific political party, except for Father I.I. Vladimirovsky, an archpriest from Arzamas and a deputy of the Second State Duma from the Constitutional Democrats party. It was found that 2 out of 4 cases against priests were dropped. Meanwhile, 3 out of 4 priests were punished by the diocesan authorities with a ban on serving or transfer to other parishes. The findings of this research can be utilized in courses studying the history of the Russian Orthodox Church.

Верховный Суд РФ защитил право участника СВО на обязательную единовременную денежную выплату

The author uses a specific ruling of the Judicial Chamber on Cases of the Military of the Supreme Court of the Russian Federation that is of precedential value as an example to analyze mistakes made by military leaders and military courts in terms of interpretation of laws that regulate receipt of payments by participants of the special military operation in accordance with Decree of the President of the Russian Federation No. 98 of March 5, 2022, on Additional Social Guarantees to Military Servicemen, Persons Doing Service in the National Guard Troops of the Russian Federation and Members of Their Families.

APPLICATION OF MILITARY LAW TOWARDS TNI MEMBERS IN CASES OF CRIMINAL ACT OF INSUBORDINATION AT DILMILTI II JAKARTA

Insubordination is an act that is completely unacceptable in the military, because it is considered to have violated the Sapta Marga and the Soldier's Oath which are the basic reference for personality patterns as TNI soldiers. Acts against superiors should not be carried out in the military environment, because acts against superiors or insubordination are classified as serious crimes. For this reason, we will further examine the absolute competence of the High Military Court in handling Insubordination Crime Cases and how military law is applied to TNI members in cases of insubordination crimes at the Jakarta II High Military Court. The research method used in this research is a normative legal research method. From the research results it was found that the High Military Court is a Second Level Military Court which has the authority to hear appeals from First Level Military Court Decisions. Then the application of military law to members of the TNI in cases of criminal acts of insubordination at the Jakarta II High Military Court is basically the same as the First Level Military Court, namely based on the Military Criminal Code (KUHPM). The results of the DILMILTI decision can be different from those of the Military Court of First Instance due to differences in the opinions of the panel of judges, but can also have the same results because of the similarities in the analysis and opinions of the Panel of Judges so that the new decision actually strengthens the previous decision.

Problematics of Judicial Connection in Handling Corruption Cases (Decision Number: 74/Pid.Sus-TPK/2022/PN.Jkt.Pst)

A connectivity court is a court that functions to try criminal offenses committed jointly by civilians and members of the military (TNI), both general and special crimes, such as corruption. Provisions regarding koneksitas courts are regulated in detail in the Criminal Procedure Code, specifically in CHAPTER XI Article 89 to Article 94, as well as Article 198 to Article 203 in Law Number 31 of 1997 concerning Military Courts. However, in practice, when there is a criminal offense involving members of the TNI and civilians, the case should be resolved through a koneksitas mechanism. In reality, perpetrators are often tried in different courts, with TNI members being tried in military courts and civilian perpetrators in general courts. This creates disparity and ignores the principle of equality before the law, which in turn creates injustice. Law enforcers focus more on procedural justice than on achieving substantial justice.

Penanggulangan Tindak Pidana Desersi di Oditurat Militer (Studi Kasus di Oditurat II-07 Jakarta)

Soldiers of the Indonesian National Army (TNI) are expected to be ready to carry out their duties and obligations and obey the rules and traditions of the command, but it has become a common thing in the military today if soldiers leave their unit without giving reasons or permission from their superiors. In addition to law enforcement activities, the purpose of this study is to identify the factors that contribute to the occurrence of the crime of desertion of TNI members. The method used in this research is Juridical-Empirical research, where information is collected through interviews with people involved in desertion criminal cases as well as by accessing literature data related to this research. The results showed that there are two main factors that cause the criminal act of desertion of TNI members, namely internal factors including mental and emotional states. External factors include the work atmosphere, family environment and economic factors in general which cause TNI to break the law by deserting. In the settlement carried out by the Unit, namely making a Military Police report, the Military Police conducts an investigation and investigation, then the Military Oditur issues an indictment, demands and the Military Court gives a decision. Based on this research, the author provides advice to the Government to pay more attention to the welfare of the TNI and to Military Units that receive applicants for the Indonesian National Army to pay more attention to physical and psychological conditions so that TNI members are more characterized and reflect an authoritative military attitude in the future.