Annals of Justice and Humanity (AJH) est une revue internationale à comité de lecture et scientifique, visant à publier des idées innovantes et solutions des chercheurs, praticiens et universitaires pour aborder des questions juridiques intéressantes et encourager le développement des études juridiques. AJH accepte des soumissions de manuscrits de recherche de haute qualité et bien développés dans divers domaines liés aux sciences juridiques.
Publiée
2025-05-06
Purpose: The focus of the discussion in this study is the decision on crimes against morality committed by TNI soldiers.
Research methodology: The research method used is normative juridical which is carried out by analyzing various decisions related to crimes against morality committed by TNI soldiers and related laws and regulations.
Results: The verdict of the military court in cases of criminal acts of indecency committed by the TNI which were sentenced to prison sentences were relatively the same, ranging from five months to one year, but for additional penalties in the form of dismissal from the TNI service there was a disparity of 34% which caused legal uncertainty for every TNI soldier who committed a criminal act of indecency, especially with the penalty of dismissal from the TNI Service. The influencing factor on the judge's decision for additional criminal dismissal is related to military interests which state that the perpetrators of criminal acts of indecency are still needed by the TNI Institution and have an important role in supporting the main tasks of the TNI and there is no replacement who has the same ability as the perpetrators of criminal acts of indecency so that the judge's decision does not include the additional penalty of dismissal from the TNI service.
Purpose: This study aims to analyze the application of law to the administrative requirements of a Marriage License (SIN) that is formally flawed and the implications of the Niet Onvankelijke Verklaard (NO) decision on the marriage of a TNI soldier who falsified the Marriage License (SIN).
Research methodology: The method in this study is written in a Normative Juridical manner, is descriptive analytical, the legal material is with secondary data that includes related laws and books.
Results: The results of the study state that the application of the provisions in Article 72 paragraph (2) of the Compilation of Islamic Law which regulates the provisions for the annulment of a marriage carried out with the condition of "Fraud" can be used as a basis for a judge to annul the marriage so that justice can be realized for the Applicant and Respondent. Meanwhile, the legal implications of the Niet Onvankelijke Verklaard (NO) decision are that the marriage and children born are still considered valid and remain recorded because they have legal force, but there are also losses incurred for the wife and children in terms of official care and losses for the TNI institution and the Marriage Registration Agency or the Office of Religious Affairs (KUA).
Purpose: This study analyzes the provisions prohibiting marriage for female soldiers with male soldiers of lower rank in the context of gender equality and human rights.
Research methodology: The regulation is contained in Perpang No. 50 of 2014 and several other technical instructions in the TNI environment, a comparison with flexible Polri regulations that prioritize the principle of justice without discrimination.
Results: Through a normative legal approach, this study found that this prohibition is contrary to various national and international legal instruments, such as the 1945 Constitution, Compilation of Islamic Law, Law Number 1 of 1974 concerning Marriage, Law Number 39 of 1999 concerning Human Rights, UDHR, ICCPR and CEDAW. The prohibition not only creates injustice but also affects the morale and welfare of soldiers.
Purpose: The purpose of this study is to analyze the interpretation of the prohibition on doing business in forex trading for TNI soldiers and the regulation of forex trading businesses that do not interfere with their main duties.
Research methodology: The research method used is normative legal research with a descriptive analytical approach, examining relevant legal regulations, theories, and literature.
Results: The results of the study indicate that the prohibition on doing business for TNI soldiers aims to maintain professionalism and prevent conflicts of interest. However, exceptions can be given for passive investments that do not interfere with main duties. In addition, regulations that include business definitions, strict supervision, financial education, and strict law enforcement are needed to ensure that involvement in forex trading does not interfere with the main duties of TNI soldiers.
Purpose: conduct research to find out the implementation of social rehabilitation in the military justice environment.
Research methodology: In order to achieve scientific research, the methodology used is normative juridical using secondary data by researching the legal principles and elaborated with primary data, namely the results of interviews with the National Narcotics Agency of Sidoarjo Regency and the Military Correctional Institution III Surabaya.
Results: The implementation of social rehabilitation in fact cannot be carried out according to the court decision, because the National Narcotics Agency of Sidoarjo Regency does not have social rehabilitation services and facilities, so medical rehabilitation in the form of consling is carried out as an alternative. The implementation of rehabilitation for the military has not been specifically regulated in the military judicial environment, so it is necessary to make regulations in the form of a TNI Commander Regulation that regulates the procedures, procedures, and mechanisms for the implementation of rehabilitation for the military.
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