Dynamics of Politics and Democracy

Law enforcement against Indonesian army soldiers committing the criminal act of bigamy (Case Study of Supreme Court Decision Number 108 K/MIL/2023)

Slamet Riyadi — 2025-06-02

Purpose: There are many cases of multiple marriage crimes committed by Indonesian Army soldiers who are subject to criminal penalties as stipulated in Article 279 paragraph (1) Ke 1 of the Criminal Code, the law enforcement is not yet concrete and consistent. Based on SEMA 3 of 2015, soldiers who commit multiple marriage crimes must be dismissed from military service, but in the Supreme Court Decision Number 108 K / MIL / 2023 they were acquitted. From this background, the author examines how law enforcement and the impact of the decision are carried out using qualitative normative legal research with phenomenology and a descriptive case approach.

Research/methodology: The theories used in this study are the theory of criminal responsibility and the theory of deterrence (Deterrence theory).

Conclusions: The conclusion of this study is that law enforcement against Indonesian Army soldiers is carried out by law enforcement officers in a Military Justice system in accordance with Law Number 31 of 1997 concerning Military Justice, while the impact of the acquittal can have an impact on the law, an impact on the consistency of law enforcement, an impact on institutions, an impact on the perpetrators and also an impact on the family.

Criminological analysis of narcotics crime verdicts committed by members of the military (Study of Military Court Decisions)

Sri Widodo — 2025-06-02

Purpose: The main problems in this thesis are 1) How is the construction of narcotics crimes committed by military personnel reviewed from the legal and criminological aspects? 2) What is the background to the occurrence of narcotics crimes imposed by judges to impose penalties in their decisions?

Research/methodology: The research method in this thesis uses a normative legal research type with a descriptive analytical research nature. The data used in this thesis is secondary data supported by data from interviews. The analysis is carried out qualitatively and conclusions are drawn deductively.

Results: Based on the results of the research and discussion, it was concluded that the construction of the occurrence of Narcotics Crimes committed by military personnel was seen from the legal aspect, namely taken from three military court decisions and each decision was described so as to know what was behind not being dismissed from military service, also seen from the criminological aspect, namely the Rational Choice Theory (RCT). Humans are free to choose their behavior, whether to obey or violate, based on rational considerations, these theories are supported by legal process data and the results of the resource person's answers. For Military Judges, they should provide stricter sanctions against narcotics perpetrators committed by military personnel, in order to provide a more deterrent effect on the perpetrators and be a lesson for other military personnel and change the negative public view of the Indonesian National Army.

Legal analysis of the urgency of determining the free papua organization (OPM) as a perpetrator of gross human rights violations in Indonesia

Syaif Hizbulhaq Alwathoni — 2025-06-02

Purpose: This study analyzes the urgency of determining the Free Papua Movement (OPM) as a perpetrator of gross human rights violations in Indonesia from a legal perspective. The main focus of the study is to understand and examine the legal consequences and social impacts of the determination in efforts to enforce justice and protect human rights in Indonesia.

Research/methodology: This study uses a normative legal research method with a descriptive-analytical approach that relies on secondary data from legal literature, laws and regulations, and the opinions of legal experts.

Results: The results of the study show that OPM has committed various acts of violence that violate human rights, including murder, torture, and kidnapping. Determining OPM as a perpetrator of gross human rights violations is considered important to uphold the principles of justice and equality before the law, in accordance with national and international legal standards. In addition, this study also found that legal action against OPM is not only aimed at imposing sanctions, but also as a preventive measure to prevent similar crimes in the future. The opinions of human rights law experts emphasize the importance of a proportional and effective response from the government in handling cases of gross human rights violations. Thus, this study makes a significant contribution to the development of legal science and efforts to protect human rights in Indonesia.

Juridical analysis of the position of laboratory results in proving narcotics crimes in the military environment (Juridical Review in Decision Number 12-K/PMT-II/AU/V/2021)

Syawaluddin Sarumpaet — 2025-06-02

Purpose: This study aims to analyze the Juridical Position of Laboratory Results in Proving Narcotics Crimes in the Military Environment (Juridical Review in Decision Number 12-K/PMT-II/AU/V/2021).

Research/methodology: This research is a type of normative juridical research, the data analysis in this thesis research is descriptive analytical.

Results: It is associated with the position of laboratory results as evidence that should be very absolute and very strong because it cannot be disputed because the laboratory results are the results of measurement and weighing, because something measured that is weighed contains certainty rather than just a statement, because it is impossible for people to know the content of blood, the urine contains narcotics if you only look at urine and blood. So in this case, the laboratory results are very strong compared to witness statements and witnesses in general. According to the Minutes of the Criminal Laboratory Examination No. LAB 5743/NNF/2020 dated December 3, 2020, Evidence No. 3312/2020/NF to 3316/2020/NF,- in the form of cups, plastic clips, plastic bottles with straws, plastic bottle caps with straws and aluminum foil containing methamphetamine. The author argues that a negative urine test result as the only evidence is not enough to acquit the defendant of all charges, the judge must consider all the evidence presented and the decision must be based on a minimum of two valid evidence. If there is no other evidence sufficient to support the charges, the defendant can be acquitted, but if there is other strong evidence, the defendant can still be found guilty even if the urine test is negative.

Legal Analysis of the Implementation of Article 33 of the Criminal Code Concerning Minors in Military Relations with Law Number 11 of 2012 Concerning the Juvenile Criminal Justice System

Wahyudi Hidayat — 2025-06-02

Purpose: In the Indonesian criminal law system, the protection of children in conflict with the law receives special attention, including children involved in military service. Article 33 of the Criminal Code and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System are two interrelated legal norms in the context of legal protection for military minors. Article 33 of the Criminal Code and Law Number 11 of 2012 are two laws that apply and have a direct impact on how military minors are tried. However, there is a potential contradiction between these two laws that needs to be further examined. Children in conflict with the law have the right to receive special protection. Analyzing how juvenile criminal law is applied to military minors can help ensure that these rights are respected. Ensuring that all individuals, including military minors, are tried fairly is a basic principle of law.

Research/methodology: Data collection is done through document analysis and literature study, which includes visits to libraries and other sources relevant to the research topic.

Contributions: This research can make an important contribution to our understanding of how juvenile criminal law is applied in the military context. This can help inform future policy and practice. Given the minimum and maximum ages for entry into military education, it is possible that some individuals who join the military may still be considered children in the context of juvenile criminal law.