PERTANGGUNGJAWABAN PIDANA TERHADAP TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ANGGOTA TNI (STUDI PUTUSAN PENGADILAN MILITER III-17 MANADO NOMOR 58-K/PM.III-17/AD/IX/2024)

Abstract

Persecution is one of the phenomena that is difficult to disappear in social life. Nowadays we often hear news cases of persecution committed by Indonesian army against civilians, as the author raises in this paper based on the Decision of Military Court III-17 Manado Number 58-K/PM.III-17/AD/IX/2024. The crime of maltreatment or commonly known as mishandeling is regulated in Article 351 of the Indonesia Criminal Code, while the regulation of the crime of maltreatment based on Indonesia Criminal Code 2023 listed in Article 466. The criminal offence of maltreatment is not regulated in Indonesia Military Criminal Code so that the criminal sanction still refers to the Criminal Code. In the decision of the Military Court III-17 Manado Number 58-K/PM.III-17/AD/IX/2024, according to the author, both the Military Oditur's charges and the Judge's decision were too lenient, the defendant should have been subject to the maximum penalty, considering that the perpetrator is a Indonesian Army who should provide a sense of security to the civilian community. It is necessary to evaluate and reformulate the laws and regulations governing military justice, especially regarding jurisdiction over general criminal offences committed by Indonesian Army in non-service situations. The verdict should reflect justice for the victim, as well as provide a deterrent effect for the perpetrator and other Indonesian Army, in order to prevent the repetition of similar criminal offences in the future.